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ACICIEID ACICIEID Committee Committee Overview: Report, Overview: Report, Members, Members, Selection of a Selection of a Chairperson and Chairperson and Procedures Procedures
An Overview Prepared by:Jennifer SheehyDeputy Assistant SecretaryODEP
Committee Overview
ACICIEID is mandated by the Workforce Innovation and Opportunity Act of 2014– the law states that the Committee must issue a final report within two years of its establishment. The report must make recommendations in THREE areas:
Committee Overview (cont.)
• Ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment;
• The use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 for the employment of individuals with intellectual and developmental or other significant disabilities; and
• Ways to improve oversight of the use of such certificates.
Committee Reports (Interim)• The Committee must produce an Interim
report by September 15, 2015.• The Interim report will summarize the
progress of the Committee, along with any interim findings, conclusions, and recommendations.
• The Interim report will be submitted to both the Senate Health, Education, Labor and Pensions Committee and the House Education and Workforce Committee.
• The Interim report will also be submitted to the Secretary of Labor.
Committee Reports (Final)• The committee must issue a final
report within two years of its establishment date.
• The Final report is due on September 15, 2016, and will be submitted to the same entities mentioned on the previous slide.
• The final report shall state final findings, conclusions, and recommendations for the three areas outlined on the Overview slide.
Committee Membership (Federal)The authorizing statute directs that the Committee have seven Federal members:
•The DOL Assistant Secretary for Disability Employment Policy;
•the DOL Assistant Secretary for Employment and Training;
•and the DOL Administrator of the Wage and Hour Division;
Committee Membership (Federal)• the HHS Commissioner of the
Administration on Intellectual and Developmental Disabilities, or the Commissioner's designee;
• the HHS Director of the Centers for Medicare & Medicaid Services, or the Director's designee;
• the SSA Commissioner, or the Commissioner's designee;
• the ED Commissioner of the Rehabilitation Services Administration, or the Commissioner's designee.
Committee Membership (Non-Federal)The Committee is also composed of 17 members appointed by the Secretary of Labor. These members are representatives of constituencies consisting of –•(A) self-advocates for individuals with intellectual or developmental disabilities;•(B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment;
Committee Membership (Non-Federal)• (C) representatives of national
disability advocacy organizations for adults with intellectual or developmental disabilities;
• (D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities;
Committee Membership (Non-Federal)• (E) representatives from the
employer community or national employer organizations; and
• (F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities.
Committee Membership (Representatives)• The non-Federal members serve as
representatives. As such, they represent their various constituencies.
• As representatives, you are expected to advocate on behalf of a particular industry, group, or other entity.
• As a representative, you are not subject to either the ethics rules (Standards of Ethical Conduct for Employees of the Executive Branch) or the criminal conflict of interest laws that apply to regular federal employees.
Committee Membership (Representatives)Even though the Ethics laws do not apply to you, we ask that you
•Comport yourself with integrity so as not to trade upon your position as a representative on the Committee for your own personal benefit.•Not use your service as a representative on the committee to promote yourself, your services or products or those of other private parties.
Committee Membership (Representatives - Lobbying)• Federal law prohibits you, in your
official capacity as a committee member, from engaging in “grass-roots lobbying” (i.e., suggesting or requesting that others contact Congress or a state legislature to urge the passage or defeat of proposed or pending legislation), even if it is related to the committee’s public business.
• The law also requires that any permissible direct communications with Congress, in your official capacity as a committee member, be made only through official channels of the Department.
Committee Membership-Lobbying• None of these restrictions prohibits
you from lobbying members of Congress or state legislatures, or urging others to do so, on your own time in your personal capacity. If you lobby Congress or state legislatures in your personal capacity, and the issue is related to Committee business, you should make it clear that you are not representing the Department committee, and not acting in your official capacity as a committee member.
Quick Discussion of FACA
Requirements/Terms
DFODESIGNATED
FEDERAL OFFICIAL
Jennifer Sheehy!!
DFO RESPONSIBILITIES
• Works with the Committee Management Officer and the Solicitor of Labor to ensure compliance with the Federal Advisory Committee Act and implementing GSA regulations.
• Calls meetings, in consultation with Chairperson.
• Ensures that all meeting notices appear in the Federal Register at least 15 days prior to meetings.
• Must be present at all formal committee and meetings.
DFO RESPONSIBILITIES
Bottom line – ANY questions about the Committee should always be directed to me (Jennifer) and the Chair. I am the liaison between the Department and the Committee.
MEETINGS &PUBLIC PARTICIPATION
• An OPEN meeting does not require public comment
• However, public may file written documents before or after meetings
• Public participation should be outlined in Federal Register and must be defined in meeting minutes
MINUTES, REPORTSRECORDKEEPING
• Minutes—detailed summary after every meeting
• Reports—follow closed or partially closed meetings
– Reason for closing the meeting– Brief summary of what took place
• Records will be kept on file for public review
MINUTES• Record of members present and
absent• Matters discussed and positions held
by whom• Copies of papers received, issued, or
approved• Public participation notes• Chairperson’s signature
(certify within 90 calendar days)
Election of a Chairperson
• The Chair will be elected by a majority of the Non-Federal and Federal committee members.
• Given the number of members who have expressed interest in serving as Chair, we will have a two-tiered election process.
• After any interested candidates address the Committee, we will have an initial ballot to determine the top two vote getters for Chair.
• We will then have a second vote and the member with the most votes with be elected Chair.
• The member who receives the second most votes will serve as Vice Chair.
Responsibilities of the Chair
The responsibilities of the Chairperson are:
•To help schedule, set the agenda for and preside over meetings;
•To actively communicate with the Committee members and the DFO;
•Engage in a collaborative process with Committee members, the Vice-Chair and support personnel to meet the Committee’s mandates.
What Qualities Make a Good Chair?
An individual who:
will be able to attend most, if not all, Committee meetings.
has availability in his or her schedule to work with the DFO to help the Committee complete its required duties in a timely manner.
will actively communicate and work well with all Committee members, the Vice-Chair and the DFO.
is a consensus builder and an effective collaborator.
