for the week of January 12, 2015 Action Alert Thank You for Acting to Protect SSDI! Recent Major Events Social Security - House Rules for 114th Congress Include Harmful Social Security Provision Last week, the House of Representatives adopted its rules of procedure for the 114th Congress (H. Res. 5). Included in the measure was an unprecedented Social Security-related provision that will affect the ability of Congress to prevent a 20% cut in Social Security Disability Insurance (SSDI) benefits in 2016. The provision, inserted by Representative Sam Johnson (R-TX) and Tom Reed (R-NY) and approved by a vote of 234 to 168, sets up procedural hurdles to House consideration of a needed, routine replenishment of Social Security’s disability fund. Shockingly, these major changes were never considered in hearings or open to input from constituents. While these rules only affect the House – not the Senate – The Arc is deeply concerned that this new provision sets a troubling tone for how the 114th Congress may deal with Social Security and SSDI. Visit The Arc’s blog to learn more about the House rules provision. Medicaid - 50th Anniversary of Medicare and Medicaid Commemorated in the Senate Last week, Senator Ron Wyden (D-OR), along with 44 colleagues, introduced “A resolution commemorating 50 years since the creation of the Medicare and Medicaid Programs,” S.R. 25. In his introductory remarks, Senator Wyden recalled the historical importance of these programs to people, including those with disabilities, stating “Medicare and Medicaid were bipartisan efforts, and the enactment of these programs shows that Congress can craft bipartisan solutions to complex problems. As this new Congress begins, I hope we can use that 50-year-old spirit to strengthen, protect, and improve Medicare and Medicaid to keep that guarantee strong, ensure health care to those who need it most, and protect a program that has been a lifeline to millions of Americans.” Employment – Fair Wages for Workers with Disabilities Act Introduced Last week, Congressman Gregg Harper (R-MS), introduced H.R. 188, Fair Wages for Workers with Disabilities Act of 2015. The bill aims to phase out special wage certificates [Section 14(c)] under the Fair Labor Standards Act of 1938, under which individuals with disabilities may be employed at subminimum wage rates, by discontinuing the issuing of such certificates upon enactment; transitioning entities holding such certificates within three years; and repealing the relevant section of the Fair Labor Standard Act three years after enactment. The bill was referred to the House Education and the Workforce Committee with one co-sponsor, Representative Gus Bilirakis (R-FL). An identical bill, the Fair Wages for Workers with Disabilities Act of 2013 (H.R. 831), introduced by Congressman Harper in 2013, died at the end of the 113th Congress with 97 co-sponsors. Employment – Workforce Innovation and Opportunity Act Advisory Committee Named Last week, the Department of Labor announced the members of the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities, which was mandated by Section 609 of the Workforce Innovation and Opportunity Act signed into law last year. David Mank, PhD, member of the Policy and Positions committee of The Arc of the US, was appointed as one of the 17 committee members. Dr. Mank, professor in the School of Education at Indiana University, serves as the director of the Indiana Institute on Disability and Community, Indiana’s university center for excellence for developmental disabilities. Dr. Mank is an expert in education and employment of people with I/DD and was a recipient of the Franklin Smith Award for National Distinguished Service from The Arc of the United States. The first meeting of the Committee will be held later this month. Employment - Amendment to the Fair Labor Standards Act in the Home Care Final Rule Struck Down On December 22, 2014, in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), D.C. District Court Judge Richard Leon struck down the amendment to the Fair Labor Standards Act in the Home Care Final Rule which disallows third party employers of home care workers to exempt workers who provide companionship services from overtime compensat ion. On December 31, 2014, Judge Leon issued a temporary restraining order staying the revised definition of companionship until January 15, 2015, in order to consider plaintiffs’ motion. On January 8, 2014, Judge Leon consolidated the two issues to be considered at a hearing which took place on Friday, January 9, 2015. Another hearing to inform the parties of his decision will be held on Wednesday, January 14, 2015. The Department of Labor continues to support its rule and is in opposition to the plaintiff’s motion. Upcoming Major Events Employment – Upcoming Workforce Innovation and Opportunity Act Regulations According to a recent Q&A document on the Department of Labor’s website, the Departments of Labor and Education plan to concurrently publish five Notices of Proposed Rulemaking (NPRMs) to implement the Workforce Innovation and Opportunity Act (WIOA) in the spring of 2015, and anticipate issuing Final Rules in early 2016. Because many provisions of WIOA go into effect July 1, 2015, operating guidance and technical assistance will be issued in the spring of 2015 to support implementation. Once issued, these materials can be accessed at doleta.gov/WIOA. Announcements Marchand Internship – Application for Summer 2015 Session Due on February 15 The Paul Marchand Internship Fund will provide $3,000 per semester or summer session to assist interns interested in pursuing careers in public policy advocacy for people with intellectual and developmental disabilities (I/DD). See Application information and Internship FAQs for more information. For 38 years, Paul Marchand was a dedicated disability policy advo cate and recognized leader working on behalf of people I/DD and the larger disability community. Upon his retirement in 2011, The Arc, with substantial contributions from United Cerebral Palsy, other organizations, and individuals with whom Paul worked during his decades in Washington, established an internship to honor Paul and to continue to cultivate disability policy advocates.
Posted on: Mon, 12 Jan 2015 22:49:57 +0000