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January 20, 2004
The Honorable Dale Kildee
21st Century Competitiveness Subcommittee
House Education and the Workforce Committee
2181 Ford House Office Building
Washington, DC 20512
Dear Congressman Kildee:
On behalf of the Ticket to Work and Work Incentives Advisory Panel (the Panel), I am writing to express the Panel's strong support of the legislative proposal in S. 1627 reauthorizing the Rehabilitation Act to continue funding for the American Indian Vocational Rehabilitation (AIVR) projects on the basis of performance. This would replace the current policy of requiring the AIVR projects to compete against each other for limited funding every five years. These projects are funded under Section 121 of the Rehabilitation Act. The proposed change would create a funding mechanism similar to that currently in place for Centers for Independent Living in section 722(e) (1) in the Rehabilitation Act. The Panel urges the members of the conference committee to accept the Senate language that codifies this legislative proposal.
Our interest in this issue is directly related to our work as a public advisory panel mandated in Public Law 106-170, the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA). The TWWIIA legislation established the Ticket to Work and Work Incentives Advisory Panel as a bi-partisan appointed body of twelve citizens who represent a cross-section of rehabilitation interests as consumers, providers, state agency representatives, disabled veterans and employers. Members are appointed by the House of Representatives, the Senate and the President. The Advisory Panel's primary duty is to advise the Commissioner of Social Security, the President, and Congress on issues related to work incentive programs, planning and assistance for individuals with disabilities including issues related to the implementation of the Ticket to Work and Self-Sufficiency Program (Ticket Program).
The Panel is very interested in the stability and continuity of the AIVR projects because a number of the projects are also Employment Network service providers under the new Ticket Program. We hope to see even more AIVR grantees become Employment Networks but the current unstable funding situation undermines their interest in developing more services for Social Security beneficiaries.
A significant number, approximately 40%, of the clients served by AIVR projects are individuals with disabilities who also receive cash benefits under the Social Security Disability Insurance or the Supplemental Security Income programs administered by the Social Security Administration. As such, they are eligible for cash benefits, Medicaid, Medicare, work incentives, a variety of employment support services, and for the Ticket Program.
Native communities have documented disability rates and unemployment rates that are far higher than those of the general population, yet AIVR projects have performed well. The program has grown from one grantee in 1981 to 69 grantees located in 25 states. Last year these programs served 5,300 consumers with a 64% rate of employment outcomes. Perhaps most notable is the fact that this success took place in Native communities with unemployment rates as high as 80% on some reservations. The AIVR programs employment rate typically exceeds 50%, a rate that is markedly higher than many State VR agencies.
Native communities on and near reservations have long been un-served and under-served by State VR agencies because of the difficulties state VR agencies face in providing accessible, culturally appropriate and effective services to culturally diverse and remote tribal communities. State VR Agencies view the AIVR programs in their state as a vital component of the national rehabilitation program and as an important part of their state's rehabilitation system. AIVR and State VR agencies have developed cooperative agreements and positive working relationships including joint training and cost sharing mechanisms. AIVR programs are successful where the State VR agencies have failed because AIVR programs maintain a continuous presence on the reservations, AIVR employees are familiar with and observe tribal customs as the staff of AIVR agencies are typically Native American and the AIVR staff speak the language and understand the cultural factors relevant to providing appropriate services and employment opportunities. These important success factors are well documented by recent national program evaluations and performance reports.
Under section 121 of the Rehabilitation Act, AIVR projects are required to provide comprehensive VR services comparable to those provided by State VR agencies. They must apply the same Federal eligibility criteria and deliver services based on the same requirements for Individualized Plans for Employment as prescribed for State VR agencies in Section 102 of the Rehabilitation Act. New projects are encouraged to apply during each grant cycle because of the great need for services and the documented effectiveness of the projects. This year 24 Indian tribes applied for the new grant competition, but only 16 will be funded because there are not enough funds to support all of the qualified grant applicants, even though many were funded in the previous grant cycle, have active caseloads and have performed well.
Finally, the termination of an AIVR project can be a tragic occurrence for Native Americans with disabilities and their families. When projects with strong performance reviews lose funding it is not uncommon for clients to drop out of the system entirely. Such disruption severely impacts the physical and emotional well being of the individual client and his/her family members. There is also no real guarantee that the closed AIVR case will be given priority for continuation of services by the respective State VR agency. Many states are on an Order of Selection or have instituted waiting lists and simply cannot pick up the AIVR cases. The current policy permits large numbers of eligible consumers to be abruptly terminated from service and their rehabilitation plans to be interrupted indefinitely.
The Ticket to Work and Work Incentives Advisory Panel believes that Native American consumers should be afforded the same level of protection from interruption in their VR service plan as other citizens with disabilities. We strongly recommend that Congress pass the proposed legislative amendment to the Rehabilitation Act which will continue funding for American Indian Vocational Rehabilitation (AIVR) projects on the basis of performance. This would create a funding mechanism similar to that which is currently in place for Centers for Independent Living in section 722(e) (1) in the Rehabilitation Act. Each AIVR grantee that is performing appropriately should receive continued funding for fiscal year 2004 and the 60-month project period should be eliminated.
Your consideration of these comments from the Ticket to Work and Work Incentives Advisory Panel is very much appreciated. If you have any questions regarding this letter, please contact our Executive Director, Marie Parker Strahan, at (202) 358-6430.
Sincerely,
Sarah Wiggins Mitchell, Chair
cc.
The Honorable President George W. Bush
JoAnne Barnhart, Commissioner
Social Security Administration
Treva Roanhorse, President
CANAR
Joanne Wilson, Commissioner
Rehabilitative Services Administration
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