Letter to Brian Deese, Acting Director of the Office of Management and Budget - Saving the Jobs of More Than 100 Blind or Visually-Impaired Utica-Area Residents

Letter

Dear OMB Acting Director Deese,

I write today to ask for Office of Management and Budget (OMB) action to ensure the federal government's adherence to the Javits-Wagner-O'Day (JWOD) Act in light of the General Services Administration's (GSA) decision to close the depot system for storing and distributing commonly used supply items manufactured through the AbilityOne program. The GSA sales trends over the past several years indicate that agencies are not complying to the fullest extent of the JWOD Act and GSA has been unable to prevent significant non-compliance issues with the JWOD law by ensuring that federal agencies are purchasing AbilityOne products as required by law. Non-compliance, often referred to as Essentially the Same (ETS) occurs when federal agencies purchase non-AbilityOne products from government contractors instead of the AbilityOne product as required by law. It is imperative that this law be enforced throughout all federal agencies as JWOD programs run by local nonprofits rely on this business to employ hundreds of severely disabled people across the country. Specifically to better ensure compliance I ask OMB to require federal agencies to report annually on their purchases and utilization of AbilityOne products.

As you know, the JWOD Act was passed in the early 1970's as an expansion of the 1938 Wagner-O'Day Act and served the purpose of employing people who are blind, visually impaired, or live with other severe disabilities. Since its passage, manufacturing and service jobs provided to Federal agencies have employed thousands of workers who would not otherwise have meaningful employment. Not only does the JWOD Act support employment equity, but it also supports local communities as JWOD manufacturers purchase local materials to make their products. For example, the AbilityOne program is the largest single provider of employment for people who are blind or have significant disabilities and currently employ over 40,000 individuals at over 600 community-based non-profit agencies across the U.S.I am a proud supporter of the AbilityOne Program in my office and the terrific work they do to provide employment and other services for persons who are blind and disabled. As you know, approximately 70 percent of working age Americans who are blind are unemployed face serious barriers in finding employment that service their needs both on and off the job.

While I understand that strategic sourcing is an important tool for saving taxpayer dollars, I must continue to prioritize our commitment to providing equitable employment opportunities to the severely disabled. I strongly urge you to work with stakeholders to develop additional tools and resources that federal agencies and government offices can use to ensure that they are correctly adhering to the Javits-Wagner-O'Day Act which states that SkilCraft and AbilityOne products must be prioritized over and not substituted by commercial products in federal purchases. Federal agencies need to be held accountable for their purchases under the premise of this law.

This has had serious repercussions for our local community members employed by JWOD programs, like AbilityOne, most of who are persons who are blind. The consequence will be hundreds of layoffs and furloughs for persons who are blind or severely disabled but whom otherwise can and want to become wage-earners and tax payers who have personal and economic independence. In New York State there are seven agencies, five that manufacture goods and two that contract services that employ a total of nearly 400 people who are legally blind. Of these agencies, four are at risk of closing down if this crucial law is not enforced. OMB's cooperation is essential to making this happen.

Again, I implore OMB to work cooperatively with federal agencies to find ways to deliver real value for the federal customer through the availability and delivery of products and services provided by JWOD program participants, ensure federal agencies are in compliance with the law by reporting on their annual purchases of AbilityOne products, and increase employment for persons who are blind and severely disabled.

Sincerely,

Charles E. Schumer Kirsten Gillibrand
United States Senator United States Senator

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