To: All NRA Members and the NRA Legislative Network
 
 From: Patricia Leahy, Director of Legislative Policy
 
 Re: Deadline Draws Near For Comments on DOL's Newly-Proposed Workforce Investment Reporting System
 
 Date: September 1, 2004
 
 
 For those who read on the run, this is a legislative update on the deadline for submitting comments on DOL's New Reporting System which, if implemented, may affect privacy considerations for all individuals with disabilities. This legislative update also includes suggested comments on ETA's new reporting and performance system.
 
 On July 16, 2004, the Federal Register carried a call for comments on the newly-proposed Workforce Investment Reporting System, EMILE. EMILE stands for ETA Management Information and Longitudinal Evaluation System. ETA, as you probably are aware, stands for the Employment and Training Administration which is housed in the U.S. Department of Labor (DOL).
 
 The details on EMILE, including the full Federal Register notice, may be accessed at: http://www.doleta.gov/performance/emile/emile/cfm
 
 Regarding collection of data for individuals with disabilities, the Federal Notice states:
 
 "The Agency would also like to receive public comments regarding the collection of additional information on the types of disability of people being served in the One-Stop. More specifically, if a person indicates that he/she has a disability, that person would also be given the opportunity to voluntarily disclose whether he/she has any one or more of the following types of disability that substantially limits one or more major life activities: Specific learning ability; hearing impairment; visual impairment; speech impairment; cognitive impairment; orthopedic impairment, mental/emotional/psychological impairment; drug addition or alcoholism, or other types of disability. ETA believes that collection of types of disability will have practical utility for focusing on, and evaluating the effectiveness of its programs in serving persons with a disability through the One-Stop system." [End of quote.]
 
 While the National Rehabilitation Association appreciates DOL's attempt to collect this type of information, which is described as voluntary, we are mindful that voluntary has a way of becoming mandatory quickly and quietly.
 
 One of the many concerns that the National Rehabilitation Association has with DOL's newly-proposed reporting system is that it must be made very clear to individuals with disabilities using the one-stop system that it is not required that individuals with disabilities disclose that they have a disability.
 
 Both processes should address the protection of confidential information and who has the right to access to the information. Consumers should have a clear understanding of why, how, when and to whom to disclose information. This, we believe, is particularly important in the one-stop system where staff work directly with businesses and employers but have no training on what information to share or not to share with employers.
 
 The qualified staff in the public/private VR partnership have a full appreciation for confidentiality of information and are seasoned in the importance of maintaining and protecting that confidentiality.
 
 This collection of profoundly personal data, we believe, is a slippery slope and one on which the National Rehabilitation Association feels confident is already being carefully collected by well-qualified personnel in the State/Federal/Public/Private Partnership commonly known as the Public VR Program.
 
 Moreover, the National Rehabilitation Association is concerned that this effort is a duplicative one and could circumvent (and eventually replace) the carefully-crafted reporting and performance data required under the Rehabilitation Act of 1973, as amended.
 
 And last, but never least, the privacy of the individual with a disability, we believe, could be compromised for a whole host of reasons. These include the absence of qualified staff on disABILITY issues at the one-stops, persistent programmatic inaccessibility considerations at many of the one-stops (especially for those individuals with significant disabilities) and a general lack of experience in dealing with issues of paramount importance to individuals with disabilities -- privacy and productive paths and programs that lead to quality employment, quality supports and services, and an appreciation for independence and inclusiveness in the community.
 
 We have a productive public/private partnership that embodies the ABCs of excellent vocational rehabilitation practice for individuals with disabilities seeking the dignity of a career and living independently in the community. Those qualities are: Accountability, Being There for the Individual, Comprehensive Services and Supports and Cost-Effectiveness.
 
 The National Rehabilitation Association believes that all individuals with disabilities who want to work and become independent should never have to settle for less than the comprehensive programs, supports and qualified personnel that the public/private/State/Federal VR Program has been providing, and continues to provide, to eligible individuals with disabilities for the past 84 years.
 
 Patricia Leahy
 Director of Governmental Affairs
 National Rehabilitation Association
 633 S. Washington Street
 Alexandria, VA 22314
 1-888-258-4295
 (703) 836-0850
 (703) 836-0848 FAX
 (703) 836-0849 TDD
 http://www.nationalrehab.org
 "The National Rehabilitation Association (NRA) is a member organization whose mission is to promote ethical and excellent practice in rehabilitation"