Cotton, Boozman to Young and Su: All People Should Have the Opportunity for Dignified Work

FOR IMMEDIATE RELEASE
Contact: Caroline Tabler or Patrick McCann (202) 224-2353
September 20, 2024

Cotton, Boozman to Young and Su: All People Should Have the Opportunity for Dignified Work

Washington, D.C. - Senator Tom Cotton (R-Arkansas) and Senator John Boozman (R-Arkansas) today wrote a letter to OMB Director Shalanda Young and Acting Secretary of labor Julie Su regarding troubling reports that the Department of Labor (DOL) is considering a new rule that would abolish the 14(c) program wherein individuals with cognitive or physical disabilities can find employment and resources in a supervised setting. The Senators stated that all people deserve to have the opportunity for dignified work, and reiterated to Director Young and Acting Secretary Su that any attempt to disrupt this program without Congressional authorization would be illegal.

In part, the senators wrote:

"All people, regardless of their abilities, should have the opportunity for dignified work. The 14(c) program does not limit the ability of disabled workers to engage in competitive employment. It merely provides those with difficulties in a traditional work environment the opportunity to engage in meaningful work. It provides many vulnerable Americans with a sense of accomplishment and provides their families and caretakers with time to complete activities necessary for the functioning of their households."

Full text of the letter may be found here and below.

September 20, 2024

Shalanda Young

Director

Office of Management and Budget

725 17th St NW

Washington, DC 20503

Julie Su

Acting Secretary

Department of Labor

200 Constitution Ave NW

Washington, DC 20210

Dear Director Young and Acting Secretary Su,

I write regarding troubling reports that the Department of Labor (DOL) is considering a new rule that would abolish the 14(c) program. Any changes to the 14(c) certificate program rests with Congress and not DOL.

Since 1938, the DOL has provided intellectually and developmentally disabled Americans the opportunity to engage in meaningful work through Section 14(c) certificates. According to the Washington Post, despite these longstanding statutes, and no legislative reforms, the DOL is considering a new rule that would be the "regulatory equivalent of abolition of 14(c) programs."

All people, regardless of their abilities, should have the opportunity for dignified work. The 14(c) program does not limit the ability of disabled workers to engage in competitive employment. It merely provides those with difficulties in a traditional work environment the opportunity to engage in meaningful work. It provides many vulnerable Americans with a sense of accomplishment and provides their families and caretakers with time to complete activities necessary for the functioning of their households.

Regardless of any policy objections the administration might have with the 14(c) program, it must be enforced according to the law. Former Secretary Marty Walsh, the last Senate-confirmed Secretary of Labor, agreed that changes to the program rest with Congress, rather than the DOL. Any efforts to make it functionally unworkable without Congressional authorization would be illegal.

Before deciding on the legality of these proposed changes to 14(c), please answer the following questions:

1. Where in the Fair Labor Standards Act and accompanying amendments does the DOL find the legal authority to make significant changes to this program, especially considering the Supreme Court's recent decision to end agency deference in Loper Bright Enterprises .v Raimondo?

2.How many disabled Americans would lose their jobs at sheltered workshops if 14(c) certificates were phased out?

3.Has the DOL considered the secondary effects of these individuals losing their jobs, such as their families needing to provide caretaking services during working hours, rather than working themselves or performing necessary functions for their households? If so, provide the details of that analysis.

Thank you for your prompt attention to this matter.

Sincerely,

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