Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

July 10, 2009

National News

Obama Nominates OSERS Head:

On July 7th the U.S. Senate received President Obama’s nomination of Dr. Alexa Posny for the post of Department of Education Assistant Secretary for the Office of Special Education and Rehabilitation Services (OSERS).  This is one of the highest ranking federal positions affecting disability programs.  The person in this role will set policy and direction for special education and vocational rehabilitation programs nationwide.

Dr. Posny headed the U.S. Office of Special Education Programs (OSEP) for a time under the Bush Administration, but returned to Kansas in 2007 to become Commissioner of Education for the state.  She has a long career in the Kansas education system, in administration, policy, program development and teaching.  According to Kareem Dale, Special Assistant to the President for Disability Policy, the President expects input from Posny on selection of the next Rehabilitation Services Administration Commissioner. 

Workforce Investment Act:

On July 16th the U.S. Senate HELP Committee Subcommittee on Employment and Workforce Safety is scheduled to hold a hearing on Modernizing the Workforce Investment Act.  The time is 10 a.m. Eastern Time.  The HELP Committee has been working for days on mark-up of its health care reform bill, and the need to address this top priority could force rescheduling of the WIA hearing.  However, as of today, the WIA event remains on the calendar.

Information Access:

Rep. Edward Markey (D-MA) has introduced H.R. 3101, to ensure that Americans with disabilities have access to emerging Internet-based communications and video programming.  Titled the “21st Century Communications and Video Accessibility Act of 2009,” the bill includes these provisions:

• Authorizes Lifeline and Link-Up assistance programs and other Federal universal service provisions to be used for telecommunications services, Internet access services, and advanced communications that are needed by individuals with disabilities, who are otherwise qualified for such programs or mechanisms, to engage in communication with one or more other individuals in a manner that is functionally equivalent to the ability of individuals without disabilities to engage in such communication.
• equires the FCC to issue rules for use of Universal Service funds for equipment and accessibility features to give deaf-blind people more access to telecommunications methods.
• Established the Emergency Access and Real-Time Text Advisory Committee to the FCC.
• Requires that every provider of Internet access service and every manufacturer of Internet access equipment shall, unless it would result in an undue burden, make user interfaces for such service and equipment accessible to individuals with disabilities, including those interfaces used to initiate, monitor, and control such service.
• Expands the requirement that video programming devices such as televisions manufactured or sold in the U.S. must have closed captioning and video description capabilities.

H.R. 3101 is assigned to the House Committee on Energy and Commerce. 

Major transportation legislation unveiled:

The U.S. House has begun work on legislation to reauthorize the nation’s surface transportation programs.  In addition to highways, the legislation will affect public transit, transportation for people with disabilities, rail and funding for all forms of surface transportation.

The House measure has not been formally introduced and does not yet have a bill number.  However, a draft bill was considered on June 24th by a House Transportation and Infrastructure subcommittee.  A summary ‘blueprint’ for the legislation and the draft bill are both available on the Committee’s website at http://transportation.house.gov/ .

Issues the Congress will try to address in the reauthorization include;

• Safety.  The societal and economic toll of transportation accidents is staggering. Each year, 42,500 people are killed and 2.5 million people are seriously injured.  Each year, the economic cost of motor vehicle crashes to the U.S. economy is $289 billion.
• Congestion.
• Funding shortfalls in the Highway Trust Fund.  Revenue in the Fund is projected to fall several billion dollars short by August or September of this year, with more loss 2010.  This fund is mainly fed by the 18.3-cent-per-gallon gasoline user fee, which has not been increased since 1993, and produces progressively less revenue as the fuel efficiency of automobiles increases. 

The House authors want to clarify the federal government’s role in helping states with transportation costs.  Goals in the House draft bill include:

•  Create a National Transportation Strategic Plan;
• Improve the safety of the surface transportation network;
• Bring existing highway and transit facilities and equipment to a state of good repair;
• Facilitate goods movement;
• Improve metropolitan mobility and access;
• Expand rural access and interconnectivity;
• Lessen environmental impacts from the transportation network;
• Improve the project delivery process by eliminating duplication in documentation and procedures;
• Facilitate private investment in the national transportation system that furthers the public interest;
• Ensure that States receive a fair rate of return on their contributions to the Trust Fund;
• Provide transportation choices; and
• Improve the sustainability and livability of communities.

The House bill gives new emphasis to the transportation role in creating livable communities.  To provide national leadership for the creation of livable communities and the development of sustainable transportation choices, the Surface Transportation Authorization Act creates an Office of Livability within the Federal Highway Administration.

Other new features include a new Office of Intermodalism, Projects of National Significance, and a National Infrastructure Bank which would help fund transportation projects of key national importance.

In regard to disability transportation provisions, the House draft consolidates the three existing grant programs for “transportation disadvantaged” persons – the Elderly Individuals and Individuals with Disabilities Formula Program (old 16-B-2) which helps nonprofit entities purchase vehicles; the Jobs Access and Reverse Commute (JARC) program; and the New Freedom program.  These programs would be rolled into one authority called the Coordinated Access and Mobility Program (CAMP).  Grants would be awarded on a formula basis considering the population of elderly, disabled and poor residents of a state or urbanized area.  The funds could be used for any of the purposes currently allowed under the three existing programs.  Performance targets would have to be set and achieved or penalties would apply.


Next update…Health Care Reform