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	[an error occurred while processing this directive] Governmental Affairs: Advocacy in action. Read current and previous Legislative Network Alerts. View a listing of the Legislative Network Members. Frequently asked questions about the Legislative Network.   Legislative Network Alerts Alert Number 134       August 10, 2005       For Your Information The Closing of RSA's Regional Offices and More To: Members of the Legislative Network From: Patricia Leahy, Director of Governmental Affairs For those who read on the run, this Washington Wire deals with two imporrant issues. The first is Senate Appropriations Committee language regarding the closing of RSA's Regional Offices and related, important information regarding the change of hotel for the Monitoring Conference. The second issue regards the introduction of S. 1570, The Employer Work Incentive Act for Individuals With Severe Disabilities, which was introduced on July 29, 2005, by Senators Pat Roberts (R.KS.) and Edward Kennedy (D.MA.). The Congress stands in recess until September 6, 2005. As far as we know, the Committee Report to accompany the Senate WIA bill has not been filed. As you know, the Committee Report must be filed before the Senate WIA bill can come to the Senate Floor for a vote. At this time, we anticipate the filing of the Report and the Senate WIA vote to occur sometime in September. Regarding the closing of RSA's Regional Offices, the Senate Appropriations Committee Report contains the following language under Program Administration: 'The Committee understands that the Department is taking steps to implement the proposed reorganization of the regional office structure within the Rehabilitation Services Administration (RSA) that was described in the fiscal year 2006 Congressional budget justification. The Committee is concerned about the impact that this proposal will have on regional office staff, as well as the ability of the Department to effectively administer RSA programs. The Committee understands that the Department believes that its proposed reorganization will result in more consistent, timely and higher quality policy guidance, technical assistance and program monitoring. The Committee believes these are worthy goals, GIVEN THE MILLIONS OF INDIVIDUALS THROUGH RSA PROGRAMS. Therefore, the Committee requests a report that describes the steps taken to reach out to stakeholder groups on this issue; a detailed plan for ENSURING that policy guidance, technical assistance and program monitoring will be of a HIGHER quality and more timely than that currently available; and the specific performance goals under the proposed reorganization for frequency of monitoring visits; and timeliness and relevancy of technical assistance, COMPARED TO THE ACTUAL PERFORMANCE UNDER THE CURRENT STRUCTURE. The Committee expects to receive this report not later than 60 days after enactment of this Act, BUT URGES THE DEPARTMENT TO MAKE IT AVAILABLE AS SOON AS POSSIBLE.' Shortly following the release of this Congressional charge, the U.S. Department of Education opened up the August Monitoring Conference to the public. The new, 40-page monitoring instrument calls for monitoring every three years and may be accessed on: The National Rehabilitation Association will have an alert this week on the closing of RSA's Regional Offices and on what we consider to be not only the dismantling of RSA, but the dismantling of the carefully-crafted Rehabilitation Act. Because the U.S. Department of Education was forced to open up the Monitoring Conference to all or be in violation of the Federal Advisory Committee Act (FACA), the venue for the Monitoring Conference has been changed to a hotel that will accommodate many more organizations/individuals who would like to participate in a process that has been conducted, for the most part, behind closed doors. Immediately following is the notice from John Hager, Assistant Secretary of OSERS, opening up the Conference to the public and providing important information on the new venue for the Monitoring Conference. PLEASE NOTE CHANGE IN HOTEL FOR THE RSA MONITORING CONFERENCE August 24-25, 2005 - Washington, DC In order to accommodate the participation of more individuals and to offer more rooms to participants from out of town at a reduced rate, RSA has changed the location of the Monitoring meeting to the: Marriott Wardman Park Hotel 2660 Woodley Road, NW Washington, DC 20008 (202) 328-2000 Hotel reservations which have already been made, either on your own or through Ellen Lupinski, will be transferred to the Marriott Wardman Park and we will send you a confirmation number for that new reservation. If you have any questions, please contact Ellen Lupinski (elupinski@dtihq.com ). If you are registered for this conference you do not need to register again. For more logistical information please visit the website (end of Hager message). Because the integrity of the programs administered under the Rehabilitation Act are being constantly challenged if not diminished/eliminated by the U.S. Department of Education, we strongly urge all NRA Members to travel to Washington, D.C. and participate in the Monitoring Conference if at all possible. Turning to the second issue of note in this legislative update, on July 29, 2005, Senators Pat Roberts (R.KS.) and Edward Kennedy (D.MA.), both Members of the Senate HELP Committee, introduced S. 1570, The Employer Work Incentive Act for Individuals with Severe Disabilities.' We are attaching herewith a copy of the five-page bill for your reference. Noting the observance of the 15th Anniversary of the Americans with Disabilities Act (ADA) and the continuing need for the private sector to work with the public sector in achieving personal and economic self-sufficiency, Senators Roberts and Kennedy introduced S. 1570. In their joint Press Release, Senator Kennedy said: 'Individuals with disabilities deserve the dignity and satisfaction that comes from earning a living wage.' This legislation encourages companies that do business with the Federal government to truly open their doors and employ individuals with significant disabilities. This legislation will offer eligible businesses that competitively employ people with severe disabilities the opportunity to participate in the performance of Federal contracts and receive a procurement advantage. As the Press Release states, more than 9.4 million Americans have a physical or mental impairment that substantially limits their life activities (e.g., mobility, communication, self-care, self-direction, work tolerance or work skills). This legislation will expand competitive employment opportunities for those individuals by offering businesses an incentive to employ severely disabled individuals and offer them both a competitive salary and good health care benefits. Senator Roberts said, 'Senator Kennedy and I introduced this legislation because we are deeply committed to doing what we can to help severely disabled Americans seek and maintain employment. Now, it is the private sector's turn, said Senator Roberts. We challenge the business community to take the initiative and actively work to employ individuals with severe disabilities. Employer Work Incentive Act for Individuals with Severe Disabilities (Introduced in Senate) S 1570 IS 109th CONGRESS 1st Session S. 1570 To promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes. IN THE SENATE OF THE UNITED STATES July 29, 2005 Mr. ROBERTS (for himself and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Employer Work Incentive Act for Individuals with Severe Disabilities'. SEC. 2. PURPOSE. The purpose of this Act is to promote employment opportunities for individuals with severe disabilities, by requiring Federal agencies to offer incentives to Government contractors and subcontractors that employ substantial numbers of individuals with severe disabilities. SEC. 3. JOBS INITIATIVE FOR INDIVIDUALS WITH SEVERE DISABILITIES. (a) PREFERENCE FOR CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES- The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: `SEC. 42. PREFERENCE FOR CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES. `(a) PREFERENCE- In entering into a contract, the head of an executive agency shall give a preference in the source selection process to each offeror that submits with its offer for the contract a written pledge that the contractor is an eligible business for purposes of this section. `(b) UNIFORM PLEDGE- The Federal Acquisition Regulation shall set forth the pledge that is to be used in the administration of this section. `(c) RESPONSIBILITY OF THE SECRETARY OF LABOR- (1) The Secretary of Labor shall maintain on the Internet web site of the Department of Labor a list of contractors that have submitted the pledge as described in subsection (a). `(2) The head of each executive agency receiving a pledge as described in subsection (a) shall transmit a copy of the pledge to the Secretary of Labor. `(d) DEFINITIONS- In this section: `(1)(A) The term `eligible business' means a nonprofit or for-profit business entity that-- `(i) except as provided in subparagraph (B), demonstrates that it has established an integrated employment setting, as defined by the Secretary of Labor; `(ii) employs individuals with severe disabilities in not less than 25 percent of the full-time equivalent positions of the business, on average; `(iii)(I) pays wages to each of the individuals with severe disabilities at not less than the applicable rate described in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), regardless of whether the individuals are engaged in supported employment, or training, under a contract with an executive agency or a program that receives Federal funds; and `(II) does not employ any individual with a severe disability pursuant to a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)); and `(iv) makes contributions for at least 50 percent of the total cost of the annual premiums for health insurance coverage for its employees. `(B) In the case of an entity that has a contract with an executive agency in effect on the date of enactment of the Employer Work Incentive Act for Individuals with Severe Disabilities, subparagraph (A)(i) shall not apply until 3 years after that date of enactment. `(2)(A) The term `individual with a severe disability' means an individual who is a disabled beneficiary (as defined in section 1148(k)(2) of the Social Security Act (42 U.S.C. 1320b-19(k)(2)) or an individual who would be considered to be such a disabled beneficiary but for having income or assets in excess of the income or asset eligibility limits established under title II or XVI of the Social Security Act, respectively (42 U.S.C. 401 et seq., 1381 et seq.). `(B) The term `individuals with severe disabilities' means more than 1 individual with a severe disability.'. (b) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by adding at the end the following new item: `Sec. 42. Preference for contractors employing individuals with severe disabilities.'.
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