oklahoma Department of Rehabilitation Services


Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

 

2011  ~  2010 ~ 2009 ~ 2008 ~ 2007

 

Rehabilitation and Disability Issues - National Update
June 6, 2011

Federal Funding for Disability Programs

In April Congress approved a Continuing Resolution (CR) to fund federal programs for the remainder of Federal Fiscal Year 2011 which ends September 30th. The CR used 2010 funding program funding levels as the basis for the FFY-2011 budget, provided some added cuts, and mandated a 2% across-the-board reduction for all federal Departments and Agencies. The 2% general reduction does not affect programs that are considered “mandatory,” like the Vocational Rehabilitation State Grants under title I of the Rehabilitation Act. Discretionary programs will bear the brunt of this across-the-board cut. Many disability programs, including some under the Rehab Act, are considered discretionary.

Secretaries of the affected Departments and Agencies were given some discretion on how the 2% across-the-board cut would be applied to their programs.

Federal funding outcomes for rehabilitation and related programs include:

  • VR did not receive a cost-of-living adjustment (COLA) for the current fiscal year and remains essentially level funded.
  • Native American VR Programs (Section 121 programs under Title I of the Rehab Act) experienced a funding cut of $5.4 million.
  • Projects with Industry, Program Improvement, Program Evaluation, and Recreation grants under the Rehab Act were funded through September 30, 2011, but after that date funding is to be eliminated altogether for these programs.
  • Client Assistance Program funding was reduced from $12,288 million to $12,263 million.
  • Rehabilitation Personnel Training funds were cut from $37,776 million to $35,582 million, a funding cut of $2.128 million.
  • Demonstration and Training funding was cut from $11,601 million to $6,459 million.
  • The CR decreased funding for the Migrant and Seasonal Farm Workers program from $2.239 million to $l.856 million.
  • The Protection and Advocacy program, funding was reduced slightly from $18,101 million to $18,065 million.
  • The Supported Employment grants under Title VI of the Act were cut from $29,181 million to $29,123 million.
  • The Independent Living State Grant Program (Part B) was cut from $23,450 million to $23,403. The Independent Living (IL) Centers' funding was cut from $80,266 million to $80,105 million. The Older Blind Independent Living program was cut from $34,151 million to $34,083.
  • NIDRR, Assistive Technology and the Helen Keller programs all sustained the 2% funding cut.
  • Under the U.S. Department of Labor, Workforce Investment Act (WIA) job training programs were cut by approximately $182 million. Rehabilitation professional organizations have expressed concern that these cuts to Workforce programs could put more pressure on WIA mandatory partners, like VR, to pay for the infrastructure costs of one-stop Workforce centers.
  • Other Workforce programs affected include the Career Pathways Innovation Fund with a $125 million cut from the 2010 level, the Green Jobs Innovation Fund which was eliminated, and the YouthBuild program which was cut from $102.5 million to $80 million. Funding reserved in FFY 2010 for Transitional Jobs ($45 million) was eliminated.

NRA Warns of Possible Downgrade for Top Disability Office

The National Rehabilitation Association (NRA) has warned that legislation now pending in the Senate could lead to a downgrading of the Rehabilitation Services Administration (RSA) Commissioner role, something disability advocates have resisted whenever the idea has been suggested. S. 679, the Presidential Appointment Efficiency and Streamlining Act of 2011 would reduce the number of Presidential appointees who require Senate confirmation. The RSA Commissioner position would be among those appointments for which Senate confirmation would no longer be required.

Although a downgrade might not occur immediately, NRA believes S. 679 would set the stage for making the RSA Commissioner position to a Secretarial or staff appointment, thus removing the important access the RSA Commissioner now has to those who set national policy priorities. The issue is of special concern because RSA Commissioner downgrade has been proposed as part of WIA/Rehabilitation Act reauthorization discussions over the past few years.

S.679 is authored by Senator Charles Schumer (D-NY) and has 15 cosponsors from both parties, including Minority Leader Mitch McConnell and Majority Leader Harry Reid. In addition to reducing positions for which Senate confirmation is required, the measure also sets up a working group to recommend ways to streamline the Presidential appointment process. The bill has been reported from the Senate Homeland Security and governmental Affairs Committee with an amendment in the nature of a substitute. The substitute version is not yet available but may be shortly at http://thomas.loc.gov .

TEAM Legislation Focuses on Transition and Integration

A set of three bills that focus on transition services and integration are so far not moving in the subcommittees to which they have been assigned. Authored by Rep. Gregg Harper (R-MS), the bills affect education (H.R. 602), developmental disability services (H.R. 603) and vocational rehabilitation (H.R. 604), and are collectively known as TEAM legislation.

H.R. 604 sets the age span for transition services from 14 to 27. It envisions more intensive transition planning focusing on work, school and independence outcomes, and emphasizes use of more career-oriented activities such as work experience, career exploration, internships and occupational training, all in integrated environments. The bill authorizes $50 million in discretionary grants to states for certain kinds of transition services (but new funds are not guaranteed, and the recipients must be consortia involving many agencies and programs). In addition, H.R. 604 extends the current flexible time limit on VR provision of supported employment services from 18 months to 48 months.

In general, these bills place greater demands on VR, IDEA and DD programs to expand and intensify transition services, but no added money is tied to these demands. Even if Congress funds the proposed discretionary grants, these would be time-limited and competitive.

If enacted without added ongoing funding, H.R. 604 could have a significant impact on VR programs and individuals with disabilities who need VR services. Without increased funding to meet the bill’s new transition and supported employment requirements, VR agencies would have to divert funds to this purpose, leaving less money for serving the broad population of adults with significant disabilities.

Although these bills are not showing movement at the present time, some of the provisions they contain have been part of discussions on the future reauthorization of the Rehabilitation Act (now part of the Workforce Investment Act). Thus regardless of the fate of these three bills, some of their elements could appear in a VR extension bill when and if it is introduced.

Follow these links to read the bills:
HR-604 http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.604:
HR-603 http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.603:
HR-602 http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.602:

Safe and Accessible Rights of Way

Legislation to advance street and intersection access, usability and safety has once again been introduced in both the U.S. House and Senate. H.R. 1780 by Doris Matsui (D-CA) is the Safe and Complete Streets Act. It was introduced in early May and is assigned to the House Transportation and Infrastructure’s Subcommittee on Highways and Transit (Rep. James Lankford (R-OK) serves on the main committee but not the subcommittee). S. 1056 by Senator Tom Harkin (D-IA), the Safe and Complete Streets Act of 2011, was introduced May 24th and has been assigned to the Senate Environment and Public Works Committee, of which Oklahoma Senator James Inhofe (R-OK) is the Ranking Member (minority party member with the most seniority). .

The legislation defines “Complete Streets” as roadways that (A) safely accommodate all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with mobility, sensory, neurological, or hidden disabilities), motorists, and freight vehicle operators; and (B) enable all travelers to use the roadway safely and efficiently.

These bills encourage states, metropolitan planning organizations and localities to adopt laws or policies that promote development of safe and complete streets – that is, roadways that permit safe mobility for pedestrians, bicyclists, and other modes of travel. Read S. 1056 at http://thomas.loc.gov/cgi-bin/query/z?c112:S.1056 :.

New Laws

  • The National Alzheimer’s Project Act, which establishes a National Alzheimer’s Project within the Department of Health and Human Services and an advisory council on Alzheimer’s research, care, and services. Public Law 111-375.
  • The Pedestrian Safety Enhancement Act (Public Law 111-373), regarding the establishment of minimum sound standards related to motor vehicles. Directs the Secretary of Transportation to initiate a rulemaking to promulgate a phased-in motor vehicle safety standard: (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and (2) requiring such vehicles to provide an alert sound conforming to established standard requirements. Prescribes requirements for such standards. Prohibits requiring either driver or pedestrian activation of the alert sound. Directs the Secretary to study and report to Congress on whether there is a safety need to apply such standard to conventional motor vehicles. Requires the allocation of certain funds to the Administrator of the National Highway Transportation Safety Administration (NHTSA) to carry out this rulemaking.
  • The reauthorization of the Early Hearing Detection and Intervention Act (Public Law 111-337), which provides funding for screening, intervention, and research of hearing loss, strengthens language to ensure better services, and requires the Secretary of Health and Human Services to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.
  • The 21st Century Communications and Video Accessibility Act (Public Law 111-260) sets new standards so that Americans with disabilities can take advantage of the technology our economy depends on. The law (formerly S. 3304) requires captioned television programs to be captioned when delivered over the Internet, requires video description on television for people with vision loss, allocates $10 million per year for communications equipment used by people who are deaf-blind, ensures emergency information is accessible to individuals who are blind or have low vision, and provides for accessibility of advanced communications such as text messaging, email and web browsing on mobile devices, among several other provisions. As part of this legislation, the FCC establishes the Emergency Access Advisory Committee to develop recommendations for making next generation emergency services accessible to people with disabilities and the Video Programming Accessibility Advisory Committee to gather recommendations on ways for making television and Internet programming accessible to people with hearing or vision disabilities through closed captioning and video description.

Transportation Regulations to Impact Travelers with Disabilities

Speaking as a guest on a recent White House Disability Conference Call, U.S. Department of Transportation Secretary Ray LaHood reported DOT is currently developing regulations affecting Americans who travel by air. He noted that this year marks the 25th anniversary of enactment of the Air Carrier Access Act (ACAA), the law that requires airlines to accommodate passengers with disabilities and to make air flight accessible. The ACAA covers many aspects of air travel, which is generally not addressed by the Americans with Disabilities Act (ADA), although both the ADA and Section 504 come into play where airport accessibility and services are concerned.

Proposed, final and anticipated rules in process at DOT include: --Accessibility of airports (proposed).
--Accessibility of passenger vessels to people with disabilities (final).
--Carrier-supplied medical oxygen, service animals, and accessibility of carrier websites, online reservations, airline check-in, kiosks and in-flight entertainment systems (proposed). This rulemaking would fulfill a commitment made in the final rule amending the Air Carrier Access Act rules to develop a supplementary rulemaking notice seeking information from the public on: (1) the cost and technical issues involved in requiring carrier website accessibility; (2) whether automated kiosks operated by carriers in airports and elsewhere should be required to be accessible; (3) whether there are safety-related reasons for excluding service animals other than dogs that may be specific to foreign carriers; (4) whether the cost of requiring carriers to supply free in-flight medical oxygen would create an undue burden; and (5) whether providing high-contrast captioning on in-flight entertainment displays is technically and economically feasible.

DOT is also working with the Access Board to develop rules for public rights of way, focusing on accessibility, usability and safety for individuals with disabilities.

Many people who would be affected by federal regulations do not comment on proposed rules because the rulemaking process is daunting, and information is not readily available to alert them to rule proposals. By checking at one website, http://www.regulations.gov/ , it is now possible to find the regulatory agendas for many federal agencies and to submit comments during open public comment periods.

News from the White House

White House Conference Calls on Disability Issues Kareem Dale, Special Assistant to the President on disability Policy, hosts monthly conference calls that are open to the public and include presentations from top Administration and agency officials. You can sign up with the White House Disability Group to receive conference call notices and timely news on disability policy and programs by filling out the email list form at http://www.whitehouse.gov/disability-issues-contact .

Making Disability Issues a Priority at the National Level Three new senior level disability positions and offices have been created in the federal government to bring disability issues to the fore as national policy is set. They are”

  • The Special Advisor for International Disability Rights at the State Department,
  • The Office of Disability Integration and Coordination at the Federal Emergency Management Agency (FEMA), and
  • The Senior Advisor for Accessible Transportation at the Department of Transportation.

Federal Jobs for Individuals with Disabilities – Simplifying the Process Go to http://golearn.gov/HiringReform/index.htm  to view U.S. Office of Personnel Management short training videos covering Schedule A and how to use it, Hiring People with Disabilities Made Simple, Intro to Hiring Reform, and other information on federal hiring. Text versions are also available.