National Council on Disability
Government Performance and Results Act Annual Report to the President
and Congress Fiscal Year 2004
National Council on Disability
1331 F Street, NW, Suite 850
Washington, DC 20004
202-272-2004 Voice
202-272-2074 TTY
202-272-2022 Fax
This report is also available in alternative
formats and on NCD’s
award-winning Web site (http://www.ncd.gov).
Publication date: March 16, 2005
The views contained in this report do not necessarily represent
those of the Administration, as this agency and NCD documents are
not subject to the A-19 Executive Branch review process.
In accordance with 31 USC Sec. 1116 (f), this program performance
report was prepared solely by federal employees.
Letter of Transmittal
March 16, 2005
The President
The White House
Washington, DC 20500
Dear Mr. President:
The National Council on Disability (NCD) is
pleased to submit its Annual Performance Report to the President
and Congress—Fiscal
Year 2004, as required by the Government Performance and Results
Act (31 USC Sec. 1116).
As a unique independent federal agency and leader in the development
and analysis of disability policy, the National Council on Disability
(NCD) conducted a wide variety of activities in Fiscal Year (FY)
2004, with an authorized budget of $3,021,070.
This report compares actual performance with
the projected levels of performance set out in NCD’s annual performance plan.
As a public policy agency making recommendations to the President
and Congress, NCD is pleased to inform you that the findings of
this report show a positive link between the allocated resources
and NCD’s performance. NCD’s assessment review showed
that it was successful in meeting its goals and achieving its intended
results.
NCD’s FY 2004 activities promoted the full participation
of people with disabilities in all areas of society by increasing
access to assistive and universally designed technologies, expanding
educational and employment opportunities, and promoting increased
access into daily community life–the core of President Bush’s
New Freedom Initiative. These efforts were based on NCD’s
strategic goals: 1) Make evidence-based public policy recommendations
that can enhance the lives of people with disabilities of all ages
and backgrounds; 2) Educate the public and elected officials on
disability issues; 3) Promote effective delivery of federal services
and programs to all people with disabilities, particularly unserved
and underserved populations such as people from diverse cultures,
rural residents, and youth; and 4) Maintain NCD’s status
as a high performance organization.
Through its efforts, NCD was able to have a significant impact
on the lives of people with disabilities and their families all
over the world. Today, there are more than 54 million Americans
with disabilities, 20 percent of the U.S. population. About half
of these individuals have a severe disability, affecting their
ability to see, hear, walk, or perform other basic functions of
life.
With your support, NCD will continue to make recommendations that
enhance the quality of life for all Americans with disabilities
and their families, promote economic opportunity, support a compassionate
society, and provide assistance to the most vulnerable among us.
Sincerely,
Ethel D. Briggs
Executive Director
(The same letter of transmittal was sent
to the President Pro Tempore of the U.S. Senate and
the Speaker of the U.S. House of Representatives)
National Council on Disability Members
and Staff
Members
Lex Frieden, Chairperson
Patricia Pound, First Vice Chairperson
Glenn Anderson, Ph.D., Second Vice Chairperson
Milton Aponte, J.D.
Robert R. Davila, Ph.D.
Barbara Gillcrist
Graham Hill
Joel I. Kahn, Ph.D.
Young Woo Kang, Ph.D.
Kathleen Martinez
Carol Novak
Anne M. Rader
Marco Rodriguez
David Wenzel
Linda Wetters
Staff
Ethel D. Briggs, Executive Director
Jeffrey T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Allan W. Holland, Chief Financial Officer
Julie Carroll, Senior Attorney Advisor
Joan M. Durocher, Attorney Advisor
Martin Gould, Ed.D., Senior Research Specialist
Gerrie Drake Hawkins, Ph.D., Program Analyst
Mark E. Seifarth, Congressional Liaison
Pamela O’Leary, Sign Language Interpreter
Brenda Bratton, Executive Assistant
Stacey S. Brown, Staff Assistant
Carla Nelson, Office Automation Clerk
Contents
Executive Summary
NCD Authorizing Statute
Strategic Plan
Strategic Goals, Objectives,
and Results
Federal Managers’ Financial
Integrity Act Signed Assurance Statement
Conclusion
My Administration is committed to tearing down the barriers to
equality that face many of the 54 million Americans with disabilities...My
New Freedom Initiative will help Americans with disabilities by
increasing access to assistive technologies, expanding educational
opportunities, increasing the ability of Americans with disabilities
to integrate into the workforce,
and promoting increased access into daily community life.
President George W. Bush in the Forward to the New Freedom Initiative
Executive Summary
Background
The National Council on Disability (NCD) is an independent federal
agency making recommendations to the President and Congress on
issues affecting 54 million Americans with disabilities. NCD
is composed of 15 members appointed by the President and confirmed
by the U.S. Senate.
Statutory History
NCD was initially established in 1978 as an advisory board within
the Department of Education (Public Law 95-602). The Rehabilitation
Act Amendments of 1984 (Public Law 98-221) transformed NCD into
an independent agency.
Consumers Served and Current Activities
While many government agencies deal with issues and programs affecting
people with disabilities, NCD is the only federal agency charged
with addressing, analyzing, and making recommendations on issues
of public policy that affect people with disabilities regardless
of age, disability type, perceived employment potential, economic
need, specific functional ability, status as a veteran, or other
individual circumstance. NCD recognizes its unique opportunity
to facilitate independent living, community integration, and
employment opportunities for people with disabilities by ensuring
an informed and coordinated approach to addressing the concerns
of people with disabilities and eliminating barriers to their
active participation in community and family life.
NCD plays a major role in developing disability
policy in America. In fact, it was NCD that originally proposed
what eventually became the Americans with Disabilities Act (ADA).
NCD’s present
list of key issues includes improving personal assistance services,
promoting health care reform, including students with disabilities
in high-quality programs in typical neighborhood schools, promoting
equal employment and community housing opportunities, monitoring
the implementation and enforcement of ADA, improving assistive
technology, and ensuring that people with disabilities from culturally
diverse backgrounds fully participate in society.
In its 1986 report, Toward Independence, NCD first proposed that
Congress should enact a civil rights law for people with disabilities.
Today, there are more than 54 million Americans with disabilities,
a full 20 percent of the U.S. population. About half of these individuals
have a severe disability, affecting their ability to see, hear,
walk, or perform other basic functions of life.
In 1990, the Americans with Disabilities Act
(ADA) was signed into law by President George H. W. Bush. Since
that time, the ADA has been instrumental in guaranteeing equal
opportunity for people with disabilities in employment, public
accommodations, transportation, state and local government services,
and telecommunications. In 1992, Congress modified NCD’s
authorizing legislation, Title IV of the Rehabilitation Act of
1973, giving NCD a monitoring role in the enforcement, implementation,
and effectiveness of the ADA.
In FY 2004, NCD continued its review and evaluation of new and
emerging policy issues that affect people with disabilities. NCD
continued to identify the overall needs and concerns of people
with disabilities by conducting hearings, forums, and conferences
throughout the country, and by responding to thousands of telephone,
e-mail, and written inquiries on the ADA and other disability civil
rights issues.
Major activities for FY 2004 included the release
of a report detailing the agency’s history, National Council
on Disability: 20 Years of Independence, and several policy papers
on topics such as the Air Carrier Access Act, Native Americans,
educational outcomes, federal disability data, and the United
Nations.
In addition, five NCD board members were renominated to NCD by
President Bush. They are: Milton Aponte, J.D., Cooper City, FL;
Robert R. Davila, Ph.D., Sioux Falls, SD; Young Woo Kang, Ph.D.,
Munster, IN; Kathleen Martinez, Albany, CA; and Linda Wetters,
Columbus, OH.
Fiscal Year 2004
Influencing the policy making process is a major focus of NCD in
the work that it supports. Informing and influencing federal
policy making and implementation is a core activity of NCD.
As a leader in the development and analysis
of disability policy, NCD conducted numerous activities in Fiscal
Year (FY) 2004, with an authorized budget of $3,021,070. NCD
promoted policies, programs, practices, and procedures that guaranteed
equal opportunity for all individuals with disabilities, regardless
of the nature or severity of the disability. NCD’s work supported the President’s
New Freedom Initiative and also helped individuals with disabilities
realize the promise of the ADA by empowering them to achieve economic
self-sufficiency, independent living, inclusion, and integration
into all aspects of society.
Activities for FY 2004 also included the release of several publications.
They are:
• National Council on Disability: 20
Years of Independence
• Position Paper on Amending the Air Carrier Access Act to Allow
for Private Right of Action
• Update on the UN Convention on the Rights of People with Disabilities
• Summary of the Native American Forum: Disability Matters in
Tribal Communities
• Improving Educational Outcomes for Students with Disabilities
• Higher Education Act Fact Sheet
• Improving Federal Disability Data
• Outreach and People with Disabilities from Diverse Cultures:
A Review of the Literature
• The Supreme Court’s Kirkingburg Decision and the Impact
of Federal Safety Regulations in ADA Cases
• The Supreme Court’s Refusal to Permit Punitive Damages
in Private Lawsuits Under Section 202 of the ADA
Communications
In addition, it should be noted that NCD’s effective communications
strategy for the dissemination of NCD’s work was evidenced
by the high volume of publicity generated in FY 2004. During the
year, NCD received thousands of news clips from its news clipping
service, reflecting a high degree of interest by the media in NCD’s
initiatives and activities. This symbiotic relationship between
NCD and the media helps disseminate important disability-related
information that affects all Americans with disabilities and their
families.
Performance Results
Aligned with the President’s Management Agenda (PMA), several
key disciplines were highlighted in NCD’s work during Fiscal
Year 2004.
NCD identified the agency-wide results that were desired, outlined
strategies to achieve them and worked assertively to realize those
defined goals. A focus on results was not new for NCD; however,
self-assessment and accountability with respect to specific and
measurable outcomes were given more conspicuous positions.
Based on work plan goals and needs, NCD identified
needed additional knowledge, skills and abilities within its
own small staff and began to look at ways to make greater and
more efficient use of its personnel. Policy team staff leaders
were more actively engaged in development of the agency work
plan and related activities. Efforts were made to capitalize
on the strengths that individuals brought to the workplace. These
efforts included regular staff as well as contractors and unpaid
interns who contributed commendably to the work of policy team
research, related projects and agency advisory committees. NCD’s outreach to gather perspectives
from underserved and unserved citizens (e.g., youth and people
from diverse cultures) continued in the agency’s ongoing
efforts to make broadly informed public policy recommendations.
Collaboration and team work across policy and administrative staff
also saw a level of improvement and support through training opportunities,
flexible assignments and alternate work locations. Policy team
meetings were also open routinely to administrative personnel who
were encouraged to participate in discussions.
NCD continued its long-standing and successful
practice of determining when services outside the federal government
were beneficial for reaching the agency’s identified goals.
Strides were also made in the ongoing evaluation of how work
(e.g., research and related projects) progressed toward the stated
agency goals and written cooperative agreements with outside
contractors. The improvements in this area resulted in recognizing,
and aggressively taking steps to remove, low-performing contractors
in a timely manner. Outreach was expanded to solicit and continue
to attract highly qualified vendors.
Management and implementation of NCD’s work plan and related
activities were enhanced by greater collaboration among members
of the agency’s policy and administrative teams. The effectiveness
of this practice was shown in improved procedures for justifying
and allocating funds within a small budget. Other staff input from
policy and administration aspects also resulted in a number of
practices and systems developed and implemented as checks and balances.
The policy team also developed a process for in-house collection
of impact indicators related to NCD’s work products and related
activities. Continued self-assessment will aid ongoing improvements
in how the agency carries out its mission.
Many NCD project and program objectives reflect
the expectation that the policy work supported at NCD will and
should influence and have an impact on the policy process. Within
projects and programs, for example, NCD staff promote various
means of linking research to policy, and research supported is
often reported to have enhanced decision makers’ awareness
of policy options or to have been otherwise taken into account
in policy processes.
As indicated in previous Government Performance
and Results Act annual reports, in its advisory capacity NCD
has had an influence on the IDEA reauthorization process over
a three-year period. In 2004, NCD issued a policy paper that
examined the evidence base for the use of school vouchers for
students with disabilities. In addition, NCD’s IDEA report from January 2000, IDEA policy
papers from 2000 to 2003, and IDEA public testimony before the
House and Senate as well as before the U.S. Commission on Civil
Rights and Presidential Commission on Excellence in Special Education
resulted in the use of NCD research and resources through: (a)
GAO interviews with NCD and reliance on NCD reports as a benchmark
and framework for the Government Accountability Office report GAO-04-879
Special Education: Improved Timelines and
Better Use of Enforcement Actions Could Strengthen Education’s
Monitoring System; (b)
reference to NCD research and advice as indicated in the Congressional
Record on May 13, 2004 (i.e., regarding state waiver programs and
needed protections for IDEA eligible students, which was included
in the final IDEA bill) and on November 19, 2004 (i.e., regarding
the monitoring and enforcement that was needed to hold the Department
of Education to a higher standard, and which will improve their
capacity to hold States accountable for fixing problems); and (c)
the final IDEA bill, including the provisions related to enhanced
monitoring and enforcement (Sec. 616), and the provision involving
a 15-state paperwork demonstration waiver program that prohibits
the U.S. Secretary of Education from waiving any statutory requirements
of, or regulatory requirements relating to, applicable civil rights
requirements, which was conferenced on November 17, 2004.
During this period, NCD increasingly relied
on its ability to provide cost-effective and efficient dissemination
of its work through the use of information technology (i.e.,
its Web site). For example, during the fiscal year, NCD’s
Web site received in excess of 2,500,000 visits, including an
increasing number of first-time visitors.
An increasing number of visitors to NCD’s Web site are interested
in downloading copies of NCD’s reports, policy briefs, and
other pertinent outcomes. During FY 2004, 209,779 reports were
downloaded, saving thousands of dollars in printing and approximately
$50,000 in postage. This is an NCD fiscal year record and fully
supports the President’s expanded electronic government management
initiative to improve the government’s ability to serve its
citizens. All NCD reports are accessible to all people with disabilities.
NCD provides all of its documents in braille, large print, on cassette
and diskette, and on the Internet. Some NCD documents are also
available in Spanish, Chinese, and Vietnamese. All NCD Web documents
can be roughly translated into multiple languages other than English
with the use of a free Web.
Overall, the findings of this annual performance
report clearly indicate that NCD has either met or exceeded the
projected levels in our performance plan.
NCD Authorizing Statute
TITLE IV, REHABILITATION ACT OF 1973, AS AMENDED--NATIONAL COUNCIL
ON DISABILITY
Establishment of National Council on Disability
Sec. 400. (a)(1)
(A) There is established within the Federal
Government a National Council on Disability (hereinafter in this
title referred to as the “National Council”), which
shall be composed of fifteen members appointed by the President,
by and with the advice and consent of the Senate.
(B) The President shall select members of
the National Council after soliciting recommendations from representatives
of—
(i) organizations representing a broad range of individuals with
disabilities; and
(ii) organizations interested in individuals with disabilities.
(C) The members of the National Council shall be individuals
with disabilities, parents or guardians of individuals with disabilities,
or other individuals who have substantial knowledge or experience
relating to disability policy or programs. The members of the National
Council shall be appointed so as to be representative of individuals
with disabilities, national organizations concerned with individuals
with disabilities, providers and administrators of services to
individuals with disabilities, individuals engaged in conducting
medical or scientific research relating to individuals with disabilities,
business concerns, and labor organizations. A majority of the members
of the National Council shall be individuals with disabilities.
The members of the National Council shall be broadly representative
of minority and other individuals and groups.
(2) The purpose of the National Council is
to promote policies, programs, practices, and procedures that—
(A) guarantee equal opportunity for all individuals with disabilities,
regardless of the nature or severity of the disability; and
(B) empower individuals with disabilities to achieve economic
self-sufficiency, independent living, and inclusion and integration
into all aspects of society.
(b)(1) Each member of the National Council shall serve for a term
of 3 years, except that the terms of service of the members initially
appointed after the date of enactment of the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978 shall
be (as specified by the President) for such fewer number of years
as will provide for the expiration of terms on a staggered basis.
(2)(A) No member of the National Council may serve more than
two consecutive full terms beginning on the date of commencement
of the first full term on the Council. Members may serve after
the expiration of their terms until their successors have taken
office.
(B) As used in this paragraph, the term “full term” means
a term of 3 years.
(3) Any member appointed to fill a vacancy
occurring before the expiration of the term for which such member’s
predecessor was appointed shall be appointed only for the remainder
of such term.
(c) The President shall designate the Chairperson from among the
members appointed to the National Council. The National Council
shall meet at the call of the Chairperson, but not less often than
four times each year.
(d) Eight members of the National Council shall constitute a quorum
and any vacancy in the National Council shall not affect its power
to function.
Duties of National Council
Sec. 401. (a) The National Council shall—
(1) provide advice to the Director with respect to the policies
and conduct of the National Institute on Disability and Rehabilitation
Research, including ways to improve research concerning individuals
with disabilities and the methods of collecting and disseminating
findings of such research;
(2) provide advice to the Commissioner with respect to the policies
of and conduct of the Rehabilitation Services Administration;
(3) advise the President, the Congress, the Commissioner, the
appropriate Assistant Secretary of the Department of Education,
and the Director of the National Institute on Disability and Rehabilitation
Research on the development of the programs to be carried out under
this Act;
(4) provide advice regarding priorities for the activities of
the Interagency Disability Coordinating Council and review the
recommendations of such Council for legislative and administrative
changes to ensure that such recommendations are consistent with
the purposes of the Council to promote the full integration, independence,
and productivity of individuals with disabilities;
(5) review and evaluate on a continuing basis—
(A) policies, programs, practices, and procedures concerning
individuals with disabilities conducted or assisted by Federal
departments and agencies, including programs established or assisted
under this Act or under the Developmental Disabilities Assistance
and Bill of Rights Act of 2000; and
(B) all statutes and regulations pertaining to Federal programs
which assist such individuals with disabilities;
in order to assess the effectiveness of such policies, programs,
practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities;
(6) assess the extent to which such policies, programs, practices,
and procedures facilitate or impede the promotion of the policies
set forth in subparagraphs (A) and (B) of section 400(a)(2);
(7) gather information about the implementation, effectiveness,
and impact of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(8) make recommendations to the President, the Congress, the
Secretary, the Director of the National Institute on Disability
and Rehabilitation Research, and other officials of Federal agencies
or other Federal entities, respecting ways to better promote the
policies set forth in section 400(a)(2);
(9) provide to the Congress on a continuing basis advice, recommendations,
legislative proposals, and any additional information that the
National Council or the Congress deems appropriate; and
(10) review and evaluate on a continuing basis new and emerging
disability policy issues affecting individuals with disabilities
at the Federal, State, and local levels, and in the private sector,
including the need for and coordination of adult services, access
to personal assistance services, school reform efforts and the
impact of such efforts on individuals with disabilities, access
to health care, and policies that operate as disincentives for
the individuals to seek and retain employment.
(b)(1) Not later than October 31, 1998, and annually thereafter,
the National Council shall prepare and submit to the President
and the appropriate committees of the Congress a report entitled
National Disability Policy: A Progress Report.
(2) The report shall assess the status of the Nation in achieving
the policies set forth in section 400(a)(2), with particular focus
on the new and emerging issues impacting on the lives of individuals
with disabilities. The report shall present, as appropriate, available
data on health, housing, employment, insurance, transportation,
recreation, training, prevention, early intervention, and education.
The report shall include recommendations for policy change.
(3) In determining the issues to focus on and the findings, conclusions,
and recommendations to include in the report, the National Council
shall seek input from the public, particularly individuals with
disabilities, representatives of organizations representing a broad
range of individuals with disabilities, and organizations and agencies
interested in individuals with disabilities.
Compensation of National Council Members
Sec. 402. (a) Members of the National Council shall be entitled
to receive compensation at a rate equal to the rate of pay for
level 4 of the Senior Executive Service Schedule under section
5382 of title 5, United States Code, including travel time, for
each day they are engaged in the performance of their duties as
members of the National Council.
(b) Members of the National Council who are full-time officers
or employees of the United States shall receive no additional pay
on account of their service on the National Council except for
compensation for travel expenses as provided under subsection (c)
of this section.
(c) While away from their homes or regular places of business
in the performance of services for the National Council, members
of the National Council shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
Staff of National Council
Sec. 403. (a)(1) The Chairperson of the National Council may appoint
and remove, without regard to the provisions of title 5, United
States Code, governing appointments, the provisions of chapter
75 of such title (relating to adverse actions), the provisions
of chapter 77 of such title (relating to appeals), or the provisions
of chapter 51 and subchapter III of chapter 53 of such title (relating
to classification and General Schedule pay rates), an Executive
Director to assist the National Council to carry out its duties.
The Executive Director shall be appointed from among individuals
who are experienced in the planning or operation of programs for
individuals with disabilities.
(2) The Executive Director is authorized to hire technical and
professional employees to assist the National Council to carry
out its duties.
(b)(1) The National Council may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b)
of title 5, United States Code (but at rates for individuals not
to exceed the daily equivalent of the rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382 of title
5, United States Code).
(2) The National Council may—
(A) accept voluntary and uncompensated services, notwithstanding
the provisions of section 1342 of title 31, United States Code;
(B) in the name of the Council, solicit, accept, employ, and
dispose of, in furtherance of this Act, any money or property,
real or personal, or mixed, tangible or nontangible, received by
gift, devise, bequest, or otherwise; and
(C) enter into contracts and cooperative agreements
with Federal and State agencies, private firms, institutions,
and individuals for the conduct of research and surveys, preparation
of reports and other activities necessary to the discharge of
the Council’s
duties and responsibilities.
(3) Not more than 10 per centum of the total amounts available
to the National Council in each fiscal year may be used for official
representation and reception.
(c) The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative support
services as the Council may request.
(d)(1) It shall be the duty of the Secretary
of the Treasury to invest such portion of the amounts made available
under subsection (a)(2)(B) as is not, in the Secretary’s
judgment, required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
(2) The amounts described in paragraph (1), and the interest
on, and the proceeds from the sale or redemption of, the obligations
described in paragraph (1) shall be available to the National Council
to carry out this title.
Administrative Powers of National Council
Sec. 404. (a) The National Council may prescribe such bylaws and
rules as may be necessary to carry out its duties under this title.
(b) The National Council may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as it deems advisable.
(c) The National Council may appoint advisory committees to assist
the National Council in carrying out its duties. The members thereof
shall serve without compensation.
(d) The National Council may use the United States mails in the
same manner and upon the same conditions as other departments and
agencies of the United States.
(e) The National Council may use, with the consent of the agencies
represented on the Interagency Disability Coordinating Council,
and as authorized in title V, such services, personnel, information,
and facilities as may be needed to carry out its duties under this
title, with or without reimbursement to such agencies.
Authorization of Appropriations
Sec. 405.
There are authorized to be appropriated to carry out this title
such sums as may be necessary for each of the fiscal years 1999
through 2003.
Strategic Plan
Vision
The United States of America will be a stronger country when its
54 million citizens with disabilities are fully integrated into
all aspects of American life. The United States has made significant
progress in recent years in furthering opportunities for education,
employment and independent living for people with disabilities
through a broad range of programs that protect the rights of
individuals with disabilities from discrimination in education,
employment, housing and transportation. Yet significant barriers
to achieving the goals of independence, inclusion and empowerment
for all persons with disabilities still remain. Conflicting,
poorly designed or outdated government programs and policies
combine with service gaps and continued negative attitudes toward
people with disabilities to marginalize the 54 million Americans
with disabilities.
The effects of these barriers on both people with disabilities
and society are enormous. Physical and spiritual isolation rob
individuals of energy, creativity and productivity. Society loses
by not enjoying the benefits of their talents and by incurring
large costs to support them.
Through collaboration with its stakeholders, the National Council
on Disability (NCD) will pursue a focused agenda that will promote
government programs and policies in support of full inclusion of
all people with disabilities into the educational, economic and
social fabric of the American community. NCD will use the expertise
of its diverse membership and well-trained and well-managed staff
to identify barriers to inclusion and independence and to develop
solutions. NCD will listen to people with disabilities across the
country to identify emerging issues that need a response.
As the only agency in the Federal Government that addresses the
issues of all people with disabilities, regardless of type or severity,
NCD will be aggressive and resolute until the day arrives when
people with disabilities in every corner of the land no longer
are distinguished by a disability label, but are known as students,
workers, parents, neighbors and friends.
Mission Statement
NCD’s mission is to promote the full inclusion, independent
living and economic self-sufficiency of people with disabilities
of all ages and backgrounds by providing advice, analysis, and
recommendations on disability policy to the President, Congress,
and other federal entities.
Strategic Goals, Objectives, and Results
I. Make evidence-based public policy recommendations that can
enhance the lives of people with disabilities of all ages and backgrounds.
Objectives:
1.1 Develop and refine policy recommendations at least annually.
1.2 Gather and record information on policy matters affecting
people with disabilities through the use of forums, hearings, teleconferences,
the Internet, independent studies, and interagency information
sharing.
1.3 Monitor the effectiveness of the implementation of the Americans
with Disabilities Act and other civil rights laws.
Results:
1.1 NCD reviewed and evaluated new and emerging policy issues affecting
people with disabilities at the federal, state, and local levels,
and in the private sector, and developed policy recommendations
where needed. During FY 2004, NCD produced 10 publications containing
specific policy recommendations. They include: National Council
on Disability: 20 Years of Independence; Position Paper on Amending
the Air Carrier Access Act to Allow for Private Right of Action;
Update on the UN Convention on the Rights of People with Disabilities;
Summary of the Native American Forum: Disability Matters in Tribal
Communities; Improving Educational Outcomes for Students with
Disabilities; Higher Education Act Fact Sheet; Improving Federal
Disability Data; Outreach and People with Disabilities from Diverse
Cultures: A Review of the Literature; The Supreme Court’s
Kirkingburg Decision and the Impact of Federal Safety Regulations
in ADA Cases; and, The Supreme Court’s Refusal to Permit
Punitive Damages in Private Lawsuits Under Section 202 of the
ADA.
1.2 NCD gathered information and identified the overall needs
and concerns of people with disabilities in a variety of ways that
included hearings and conferences, and by responding to literally
thousands of telephone calls, e-mail messages, and written inquiries.
ADA Monitoring
In keeping with its mandate to monitor the effectiveness and implementation
of the ADA, NCD continued its two-year project to analyze the Supreme Court
decisions interpreting the ADA. This project involved publication of 19 policy
briefs, available at http://www.ncd.gov/newsroom/publications/2003/policybrief.htm.
NCD released the last two policy briefs in this series in FY 2004.
1. In Barnes v. Gorman, 536 U.S. 181 (2002),
the Supreme Court ruled that punitive damages may not be awarded
in private suits brought under Title VI of the 1964 Civil Rights
Act, under Section 202 of the Americans with Disabilities Act
(ADA), or under Section 504 of the Rehabilitation Act. This policy
brief examines the nature and purpose of punitive damages, their
availability under the ADA, and the substance and ramifications
of the Court’s ruling
in Barnes.
2. In Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555 (1999), the Supreme
Court of the United States ruled that the defendant employer was entitled to
rely on a Department of Transportation (DOT) visual acuity standard as a job
qualification criterion for a truck driver position. This policy brief examines
the intersection of the ADA requirements with safety standards imposed under
other federal laws, and the ramifications of the Court’s decision in
Kirkingburg on this issue.
The project culminated in a comprehensive
final report, Righting the ADA (http://www.ncd.gov/newsroom/publications/2004/righting_ada.htm),
which includes NCD’s legislative proposal, entitled “ADA
Restoration Act,” intended to restore the protections of
the ADA that have been restricted by the U.S. Supreme Court decisions
over the past few years.
NCD Awards ADA Impact Study Contract
NCD awarded a contract for $180,000 to Lockheed Martin Information Technology
of Seabrook, Maryland, to evaluate the impact of the Americans with Disabilities
Act (ADA) and the effects of U.S. Supreme Court cases interpreting ADA. The
contractor will gather input from ADA stakeholders about the impact of ADA,
gather testimony and documentation regarding the impact of the Supreme Court’s
decisions on people with disabilities, assemble all information gathered,
organize all testimony and incidents reported into a consistent format within
each of the issue areas, and summarize the findings.
Mediation Technical Assistance
NCD collaborated with the U.S. Equal Employment Opportunity Commission (EEOC)
and the U.S. Department of Justice on a Mediation Technical Assistance Project
to enhance the use of mediation by people with disabilities to resolve employment
disputes and highlight the importance of reasonable accommodation in the
alternative dispute resolution process. EEOC has dealt with these issues
in its highly regarded mediation program for resolving employment discrimination
claims. NCD examined mediation issues in its ADA report Promises to Keep
and has worked with mediators on accessibility issues. EEOC and NCD combined
their experience and expertise to provide technical assistance on disability
issues in the mediation of employment discrimination disputes.
Results:
Two technical assistance documents were produced -- one for mediators and one
for consumers.
Access to Air Travel
NCD continued its collaboration with the U.S. Department of Transportation
(DOT) to work with consumers with disabilities and the airline industry to
improve travel experiences for people with disabilities and airline and airport
personnel providing customer service.
“Improving Air Travel for Passengers with Disabilities” through
analysis and revision of the Air Carrier Access Act and Rehabilitation
Act Part 382, is a joint project of the NCD and DOT. NCD activities
include facilitating workgroups with members from the disability,
airline and airport communities, as well as providing technical
direct assistance to DOT regarding various air travel disability
issues. This project produced the following outputs during fiscal
year October 2003 through September 2004:
1. Developed and submitted to DOT the joint stakeholder Petition
for Rulemaking “Proposed
Regulatory Language for Part 382 Amendments Concerning Accommodations for Deaf,
Hard of Hearing and Deaf-Blind Passengers.”
2. Developed and submitted to DOT the joint
stakeholder document “Proposed
Guidance for Service Animal Relief Areas in Airports.”
3. Assisted DOT to plan and deliver its 2004
disability forum, “Working
Together to Improve Air Travel by People with Disabilities.”
4. Participated in the 2004 Transportation
Security Administration’s
(TSA) Disability Coalition Meeting.
5. Participated in the stakeholder meeting regarding accessibility
of information and service kiosks used by airlines at airports.
6. Provided content input for DOT’s
Technical Assistance Manual for airline and airport employees.
7. Provided content input and assisted DOT in developing a cost
analysis measurement tool for proposed regulatory revisions regarding
passenger travel with medical devices.
8. Provided monthly workgroup and relevant DOT update reports
to stakeholders.
9. Facilitated ongoing communications between DOT and project
stakeholders.
NCD also continued to collaborate with TSA in the development
of policies, procedures, and training of security personnel to
improve the accessibility of security screenings at U.S. airports.
As a result of its efforts, NCD received the
U.S. Department of Homeland Security award “in appreciation for partnering
initiatives, diligent efforts, support, and steadfast commitment
in the creation and continuance of TSA’s Screening of Persons
with Disabilities Program.”
Long-Term Services and Supports
NCD has awarded a contract to National Cooperative Bank Development Corporation,
National Disability Institute, to conduct a research study examining critical
issues surrounding the configuration, financing, and delivery of long-term
services and supports financing and systems reform. Current financing mechanisms
will become unsustainable in the near future. Without significant reform,
tens of millions of Americans with disabilities will be unable to find the
wide array of affordable and high-quality long-term services and supports
options we all expect and deserve.
This research will focus on the following areas: (1) current
level(s) and type(s) of involvement by the Federal Government in
a range of long-term services and supports systems and financing;
(2) current and projected future needs for long-term services and
supports among people with disabilities and the elderly; (3) gaps
in long-term services and supports; (4) key features of future
long-term care financing and systems reforms; (5) locales that
have incorporated indicators of cohesive and comprehensive reform
into their policy and service systems; (6) major challenges and
barriers that locales face in moving toward cohesive and comprehensive
long-term services and supports financing and systems reform; and
(7) promising policy levers and policy changes.
Through this research, NCD will focus its attention and resources
on an impending crisis in American domestic policy.
Cultural Diversity
NCD released Outreach and People with Disabilities from Diverse Cultures: A
Review of the Literature, with findings and recommendations. The review showed
a paucity of empirical studies of outreach as an intervention, few studies
evaluating the effectiveness of outreach activities, and an extensive body
of information on racial and ethnic health disparities. The review also presented
operational definitions of outreach and principal outreach themes, described
and provided examples of outreach, and discussed challenges, given a number
of identified barriers to access and appropriate services. The forum phase
of the Cultural Diversity Initiative extended across FY 2003 and FY 2004
and engaged federal officials and people with disabilities from diverse cultures
in dialogue about ways to address documented issues. NCD posted its summary
recommendations on unserved and underserved people with disabilities, Transcending
the Barriers and Gaining Entry: A Culturally Competent-Realm of Community
Integration for Americans with Disabilities (http://www.ncd.gov/newsroom/advisory/cultural/barriers_rev051800.htm).
Developed earlier (May 2000), this document was also used as background materials
for the forum. Consistent with the New Freedom Initiative, federal officials
participating in the forum said that they wanted to close gaps the data showed
in access, services, and awareness of disability civil rights among racial/ethnic
groups. Federal agencies participating in the diversity forum represented
the Departments of Education, Justice, Transportation, Labor, and Health
and Human Services (Office of Disability and the Administration on Developmental
Disability), the Social Security Administration, the Equal Employment Opportunity
Commission, and the Federal Communications Commission. NCD stands ready to
assist future contacts among agencies and people in the field to follow up
on commitments to alleviate inequities.
Federal Disability Data
NCD released a position paper, Improving Federal Disability Data (http://www.ncd.gov/newsroom/publications/2004/improvedata.htm),
describing critical issues involving federal disability data.
The paper describes an urgent and immediate need for the Departments
of Commerce and Labor to address matters related to the collection
of disability data through the Decennial Census, the American Community
Survey, and the Current Population Survey.
Every 10 years the U.S. Census Bureau conducts a complete accounting
of every resident in the United States. While there is no congressional
mandate requiring an accurate enumeration of Americans with disabilities,
communities and people with disabilities will be affected if the
Census is inaccurate. Census data are used by educators, policymakers,
and community leaders. Census data directly affect funding for
many programs critical to individuals with disabilities, including
programs for health care, transportation, employment training,
and housing. Federal, state, and county governments use Census
information to guide the annual distribution of hundreds of billions
of dollars in critical services and supports.
There have been some improvements in interview methodology and
in the use of a few disability questions in the Decennial Censuses
over the past 30 years. Unfortunately, those improvements have
been small and incremental.
At a time when cash-strapped states are grappling
with major unmet human service needs and increasing numbers of
people require a range of services and supports from federal-state
programs, the responsibility of our nation’s public leadership
is at an all-time high to provide accurate Decennial Census data
(and related federal survey data such as the Current Population
Survey conducted by the U.S. Bureau of Labor Statistics) to states
and locales.
NCD recommends:
The U.S. Census Bureau should immediately revise Census questions for the Year
2010 Census (and the American Community Survey) to reflect the ADA definition.
The Department of Labor should finish its work with all due haste involving
questions being developed by the Bureau of Labor Statistics (BLS) to identify
people with disabilities in response to Executive Order 13078 through its redesign
of disability employment questions for the BLS Current Population Survey.
NCD acknowledges that the collection of disability data involves complex issues,
methodologies, and activities. NCD is fully confident that these Cabinet agencies
can address these concerns and recommendations in a timely and effective way.
Education for Students with Disabilities
NCD released Improving Educational Outcomes for Students with Disabilities,
which was commissioned to assist policy leaders and stakeholders in identifying,
disseminating, and aligning evidence-based outcome-producing practices with
the Federal Government’s commitment to leaving no child behind in the
attainment of a free, appropriate public education.
Thanks to the Individuals with Disabilities Education Act (IDEA)
and its push for increased access to education for students with
disabilities, and the No Child Left Behind Act (NCLB), with its
push for improved student outcomes, educators across the United
States are reexamining their practices to find ways to close the
achievement gaps between groups of students. Students with disabilities
are a focus of this attention, as schools and states labor to improve
their academic outcomes. Currently, the diploma graduation rate
for students with disabilities is 57 percent under IDEA. Policymakers
are studying both the reauthorization of IDEA and the ongoing implementation
of NCLB to determine the most effective means for serving students
with disabilities.
Fortunately, there are signs of positive change
and evidence that holding students, including students with disabilities,
to higher expectations results in improved outcomes. These facts
led to NCD’s primary recommendation, which is “stay
the course.”
NCD Makes Education Recommendations to Congress
In a June 21, 2004, letter to Chairman John Boehner of the House Education
and Workforce Committee, NCD made recommendations in six areas dealing with
educational outcomes for students with disabilities:
1. Stay the Course. While some naysayers believe that the No
Child Left Behind Act (NCLBA) sets too high a bar for students
and schools, the vast majority of people believe that we must maintain
high expectations for all students, particularly students with
disabilities.
2. Capacity Building. So that school leaders and education practitioners
can provide the support to help every child meet higher expectations,
they need assistance in learning strategies that are effective.
Public investments should be carefully directed to professional
and leadership development efforts that are tightly linked to the
specific needs of each school or district and that address capacity
issues related to teaching and learning and helping all students,
particularly students with disabilities, reach high standards.
3. Highly Qualified Teachers. Standards for highly qualified
teachers should not be relaxed, although limited flexibility in
reaching those standards, especially for rural schools, is appropriate.
The U.S. Department of Education should conduct research and analysis
on effective methods of teacher preparation, including alternative
routes to certification, with a particular focus on special education.
The higher education system also needs to find new ways to prepare
highly qualified teachers.
4. Better Assessment Tools. The U.S. Department of Education
can play an important role in supporting research and development
efforts to create a new generation of assessments that are appropriate
for a large number of diverse students; measure more than academic
skills; can be used as instructional management tools; and result
in an increased number of students taking alternative assessments.
5. Support and Disseminate Evidence-Based Research and Practice.
It is clear that we need more rigorous research on effective strategies
for older students with disabilities. Both the Individuals with
Disabilities Education Act and No Child Left Behind should support
an enhanced research agenda, and the U.S. Department of Education
should bridge research efforts by the Office of Special Education
and Rehabilitative Services and the Institute of Education Sciences.
Research is particularly needed to understand how to offer more
academic rigor to students with disabilities and to understand
optimal assessment tools.
6. Support for Students. While research on students with disabilities
is limited, a range of other research on high school reform points
to strategies that are successful in improving student outcomes.
The U.S. Department of Education should provide technical assistance
on strategies to help students increase engagement in high school,
reduce dropout rates, and increase preparation for postsecondary
education and careers by higher expectations, greater instructional
personalization, self-advocacy, ongoing counseling and mentoring,
parental involvement, and connections to the community and postsecondary
learning options.
NCD Made Transportation Recommendations
NCD made recommendations to Congress on the reauthorization of the Transportation
Equity Act (TEA):
1. Support the House bill (H.R. 3550) approach to funding for New Freedom Initiatives.
While both H.R. 3550 and S. 1072 provide for the development of innovative
transportation initiatives to facilitate partnerships among transportation
providers, people with disabilities, and human service providers that promote
access to alternate methods of transportation, H.R. 3550 establishes the New
Freedom Initiative as a separate and distinct program with more flexibility
and greater opportunities for consumer-directed, innovative transportation
solutions. The House bill allows for the development of promising practices
such as accessible taxi services, transportation voucher systems, and support
for volunteer driver programs, whereas the Senate bill folds funding for New
Freedom Initiatives into an existing, transportation provider-directed structure
with a focus on vehicle purchases. The House bill is much more likely to result
in innovative and integrated transportation solutions for people with disabilities.
2. Support the House bill approach to funding
for Project Action—a
highly successful federal program that brings transportation providers
and people with disabilities together to improve access to transportation.
The House bill increases Project Action funding from $3 to $3.5
million and guarantees the funding, whereas the Senate bill level-funds
Project Action and does not guarantee the funding.
3. Support the expressed inclusion of individuals with disabilities
in all aspects of transportation plans and projects, as was done
in Sections 1115, 1120, 1402, 3021, 5602, 5213, 5214, and 6001
of the House bill. All too often, access for people with disabilities
is not considered during the planning and design of transportation
projects. People with disabilities must be included in transportation
planning and projects in order to ensure that all transportation
options are open to them and that they can live and participate
fully in their communities.
4. Support the provisions in the House bill
that call for coordination of transportation resources at the
federal, state, and local levels. Many human services agencies
buy vans to transport clients, including those with disabilities,
to and from services. These agencies often do not coordinate
with transportation entities that provide related transportation
services, such as paratransit. Human services vans can sit idly
for extended periods, while people with disabilities in the same
community have difficulty accessing public transportation. In
addition, many urban and rural providers are prohibited from
picking up residents outside designated areas, even though they
may drive directly through those areas while transporting someone.
Coordination efforts should seek to enhance transportation services
like these by promoting initiatives such as agreements between
urban and rural providers to pick up passengers in each other’s
service areas when doing so is logical. In addition, many people
reside in “gray areas,” served by neither urban nor
rural transit. These are most often communities in urban areas
that do not participate in the regional transit system. However,
the regional transportation provider’s funding allocation
includes the population residing in the unserved areas. Coordination
should ensure that these people are served by some public transit
system.
In response to continuing barriers, NCD is conducting an analysis
of the status of transportation for people with disabilities across
the nation and will publish a report on these findings in April
2005.
NCD Participated in Emerging Workforce Conference
NCD participated in the Emerging Workforce Conference, February 8-10, 2004,
at the Wyndham Bonaventure Resort and Spa in Weston, Florida. More than 500
leaders from various government, private, and nonprofit organizations came
together to enhance employment opportunities and outcomes for people with
disabilities. Speakers included Florida Governor Jeb Bush; Representative
E. Clay Shaw, Jr.; Commissioner JoAnne B. Barnhart, Social Security Administration
(SSA); SSA Deputy Commissioner Martin H. Gerry; U.S. Equal Employment Opportunity
Commission Chair Cari M. Dominguez; Department of Labor, Office of Disability
Employment Policy Assistant Secretary W. Roy Grizzard, Jr., Ed.D.; Department
of Justice, Civil Rights Division Assistant Secretary R. Alexander Acosta;
Department of Health and Human Services (HHS), Office of Disability Director
Margaret J. Gianinni, M.D.; HHS Administration on Developmental Disabilities
Commissioner Patricia A. Morrissey, Ph.D.; HHS Administration on Aging Assistant
Secretary Josefina G. Carbonell; President’s Committee for People with
Intellectual Disabilities Chair Madeleine Will; Department of Education (ED),
Office of Special Education and Rehabilitative Services Acting Deputy Director
Troy Justesen; ED, Office of Special Education and Rehabilitative Services,
Office of Special Education Programs Director Stephanie Smith Lee; ED, Office
of Special Education and Rehabilitative Services, Rehabilitation Services
Administration Commissioner Joanne M. Wilson; NCD Chairperson Lex Frieden;
NCD Member Milton Aponte; NCD Executive Director Ethel D. Briggs; NCD General
Counsel and Director of Policy Jeffrey T. Rosen; former NCD Member John D.
Kemp; and former NCD General Counsel Andrew J. Imparato.
NCD Commended Bush Administration
NCD commends the Administration’s ongoing support for the ADA. Millions
of Americans with disabilities achieve increased productivity and independence
as a result of the access provided by ADA enforcement. In response to recent
cases involving the ADA, the U.S. Department of Justice has been consistent
in actively defending the constitutionality of the ADA and the civil rights
of individuals with disabilities.
NCD Awards Social Security Impact Study Contract
NCD awarded a contract for $135,000 to Virginia Commonwealth University, Rehabilitation
Research Training Center to evaluate the effectiveness and direction of federal
social security benefits programs that support people with disabilities.
Specifically, NCD is interested in examining in detail the impact of the
Supplemental Security Income and Social Security Disability Insurance benefits
programs on people with disabilities and how these programs support transitioning
or returning beneficiaries to work. This study should incorporate the expertise
of key stakeholders, including consumers, service providers, employers, governments
(including foreign governments), and other community organizations.
ADA 14th Anniversary and NCD History Report
NCD celebrated the 14th anniversary of the Americans with Disabilities Act
at the Kennedy Center for the Performing Arts by releasing a 20-year history
of the agency’s independence and by bestowing the NCD Justin Dart Freedom
Award on former U.S. Senator and Governor of Connecticut, Lowell P. Weicker,
Jr., for his preeminent role in helping make ADA a reality and for making NCD
an independent federal agency
Natural Disaster Recovery Recommendations
NCD published an op-ed piece on making improvements now to help people with
disabilities recovering and rebuilding from hurricanes and other natural
disasters (http://www.ncd.gov/newsroom/news/2004/op-ed04-459.htm). NCD recommended
that those involved in rebuilding the homes lost in the storms keep in mind
the many benefits of basic universal accessibility, including ramps and doorways
wide enough for wheelchairs and walkers.
Foreign Assistance Recommendations
In its advisory capacity, NCD has had an influence on U.S. foreign assistance
legislation. In September of 2003, NCD released a report recommending the
adoption of specialized new legislation to ensure the inclusion of people
with disabilities in U.S. foreign assistance efforts. In FY 2004, the impact
of NCD’s report was seen with the report’s Executive Summary
and Transmittal Letter being read into the Congressional Record as an opening
to a proposed amendment requiring inclusion of disability language in the
then-new Millennium Challenge Account legislation. In the FY 2004 Foreign
Operations Supplemental bill, language was included that specified that all
work being done in Iraq and Afghanistan is required to comply with USAID’s
1997 disability policy paper. The supplemental also required that within
180 days, USAID adopt access standards to govern all construction that USAID
was going to do anywhere in the world. USAID then developed access standards
in consultation with the disability community, the Access Board, NCD, and
other entities. NCD’s impact continued to be felt through the adoption
of several pieces of legislation in the FY 2005 Omnibus Appropriations bill,
(originally under Section 579 of the Foreign Operations Appropriations bill,
which was folded into the Omnibus bill). The significant pieces of legislation
included: (1) The creation of a fund in the amount of $2.5 million that will
be made available for programs and activities that address the needs, and
protect the rights of people with disabilities in developing countries (these
funds can also be made available for an international conference on the needs
of people with disabilities, including disability rights, advocacy and access);
(2) a requirement that the Secretary of State and USAID each designate a
disability advisor in their respective agencies; (3) the requirement that
the Secretary of State, Secretary of the Treasury, and the USAID Administrator
shall seek to ensure that the needs of people with disabilities are met where
appropriate in democracy, human rights, rule of law, programs and activities
supported by the Department of State, Department of Treasury and USAID; and
(4) the requirement that the USAID Administrator shall fully comply with
its September 12 policy paper on disability which requires that USAID implement
procedures to require prospective grantees seeking funding from USAID to
specify, where relevant, how the proposed program will include protecting
the rights and addressing the needs of people with disabilities.
Advisory Committees
The NCD policy team liaisons to three committees formed under the Federal Advisory
Committee Act (FACA) continued to provide ongoing guidance and facilitate
communication with the committees. Under FACA, these liaisons are the Designated
Federal Officials responsible for oversight and coordination of the committees.
They assisted the committees in the development of committee purpose, function,
and priority areas of focus, within the scope of NCD’s statutory authority.
The FACA officials consulted with the NCD Board Members assigned to each
committee to assure that the needs of youth and young adults with disabilities,
people from diverse cultures, and international issues are properly addressed
within the scope of the responsibilities of each committee. These officials
will carry out their responsibilities in compliance with all of the FACA
requirements. The committees are: Cultural Diversity, International Watch,
and Youth.
II. Educate the public and elected officials on disability issues.
Objectives:
2.1 Strengthen NCD’s communication plan, drawing upon new technologies
and reaching targeted underrepresented populations.
2.2 Disseminate newsletters and reports on disability policy
issues.
2.3 Hold federal partners meetings with Cabinet
secretaries, appointees, and other key individuals to review
and promote NCD’s
disability policy recommendations.
2.4 Participate in interagency working groups with federal partners
on priority issues.
2.5 Serve as the focal point for international activities around
the dissemination of information on disability policy in the United
States of America and throughout the world.
Results:
2.1 NCD’s Web site (http://www.ncd.gov) is fully accessible to all people
with disabilities. Approximately 2,500,000 hits were recorded on the site in
FY 2004. All NCD reports, papers, newsletters, and other NCD documents are
available to the public on the NCD Web site.
NCD continued to refine its communications strategy, which promotes NCD’s
recommendations and provides greater opportunities for advancing public awareness
of disability issues, especially for people from culturally diverse backgrounds.
Through the standard use of a newspaper clipping service, NCD was able to track
the number of minority-owned newspapers that ran stories relating to NCD and
disability policy.
NCD continued to work with civil rights organizations, such as
the Leadership Conference on Civil Rights, the National Urban League,
and the National Council of La Raza to provide information to targeted
culturally diverse populations and organizations serving people
with underrepresented disabilities. Members of civil rights organizations
appeared often at NCD events and news conferences, delivering messages
of support for people with disabilities.
2.2 NCD gathered information from its board,
staff, and other sources for inclusion in its monthly newsletter,
NCD Bulletin (http://www.ncd.gov/newsroom/bulletins/2004/04bulletins.htm).
NCD disseminated the Bulletin to more than 9,000 people each month
by U.S. Mail and another 3,000 copies through the NCD listserv.
NCD’s news releases and monthly newsletter also appear on
U.S. Newswire, which disseminates this information electronically
to thousands of news outlets across the country and to each Congressional
office.
NCD reports and other publications (http://www.ncd.gov/newsroom/publications/2004/publications.htm)
were mailed to approximately 48,000 people. More importantly, 209,779
reports were downloaded from the NCD Web site during FY 2004. This
is an NCD fiscal year record and fully supports the President’s
expanded electronic government management initiative to improve
the government’s ability to serve its citizens.
2.3 During FY 2004, NCD met with key administration officials to encourage
their adoption of and action on key NCD disability policy recommendations within
the general policies and procedures of their departments. NCD met with congressional
staff and members of Congress on numerous occasions to discuss new and emerging
disability policy issues. NCD testified at a Congressional Human Rights Caucus
on international rights regarding the proposed United Nations convention. NCD
submitted appropriations testimony for the record of the U.S. Senate Committee
on Appropriations, Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies. NCD testified on strategies to improve access to Medicaid
home- and community-based services before the U.S. Senate Committee on Finance.
NCD also submitted testimony on juvenile detention centers for the hearing
record of the U.S. Senate Committee on Governmental Affairs.
2.4 NCD continued its interagency policy liaison
activities with the National Youth Leadership Network, the National
Institute on Disability and Rehabilitation Research, President’s
Committee for People with Intellectual Disabilities, White House
Initiative on Asian Americans and Pacific Islanders, Substance
Abuse and Mental Health Administration, the Rehabilitation Services
Administration, the Office for Special Education and Rehabilitative
Services, the Office of Disability Employment Policy, the Centers
for Disease Control and Prevention, the Department of Transportation
Interagency Coordinating Committee, the Homeland Security Interagency
Coordinating Committee, and the National Center for Medical Rehabilitation
Research.
2.5 In 1995, NCD was designated by the Department
of State to be the official contact point of the U.S. government
for disability issues. Specifically, NCD interacted with the
special rapporteur of the United Nations Commission for Social
Development on disability matters. As the original author of
the Americans with Disabilities Act, NCD continues to be the
focal point for international activities around the dissemination
of information on disability policy in the United States and
throughout the world. To that end, NCD continued to serve as
the official point of contact with the U.S. government for disability
issues. NCD’s International Team and International
Watch advisory committee met on several occasions to discuss international
disability policy. NCD also testified at a Congressional Human
Rights Caucus on international rights regarding the proposed United
Nations Convention on the Rights of People with Disabilities. NCD
published an update on the UN Convention on the Rights of People
with Disabilities and a history of the convention process.
In its advisory capacity, NCD has had an influence
on U.S. foreign assistance legislation. In September of 2003,
NCD released a report recommending the adoption of specialized
new legislation to ensure the inclusion of people with disabilities
in United States foreign assistance efforts. In FY 2004, the
impact of NCD’s report
was seen with the report’s Executive Summary and Transmittal
Letter being read into the Congressional Record as an opening to
an proposed amendment requiring inclusion of disability language
in the then-new Millennium Challenge Account legislation. NCD’s
impact continued to be felt through the adoption of several pieces
of legislation in the FY 2005 Omnibus Appropriations bill, (originally
under Section 579 of the Foreign Operations Appropriations bill,
which was folded into the Omnibus bill). The significant pieces
of legislation included: (1) The creation of a fund in the amount
of $2.5 million that will be made available for programs and activities
that address the needs, and protect the rights of people with disabilities
in developing countries (these funds can also be made available
for an international conference on the needs of people with disabilities,
including disability rights, advocacy and access); (2) The requirement
requires that the Secretary of State and USAID each designate a
disability advisor in their respective agencies; (3) the requirement
that the Secretary of State, Secretary of the Treasury, and the
USAID Administrator shall seek to ensure that the needs of people
with disabilities are met where appropriate in democracy, human
rights, rule of law, programs and activities supported by the Department
of State, Department of Treasury and USAID; and (4) the requirement
that the USAID Administrator shall fully comply with its September
12 policy paper on disability which requires that USAID implement
procedures to require prospective grantees seeking funding from
USAID to specify, where relevant, how the proposed program will
include protecting the rights and addressing the needs of people
with disabilities.
NCD provided guidance to the Secretary of State on the inclusion of people
with disabilities in the U.S. delegation to the third session of the Ad Hoc
Committee on a Comprehensive and Integral International Convention on the Protection
and Promotion of the Rights and Dignity of Persons with Disabilities.
NCD provided advice to the Secretary of State on the development,
at the Department of State and the U.S. Agency for International
Development, of a Federal Advisory Committee on Persons with Disabilities.
NCD provided counsel to the CEO of the Millennium
Challenge Corporation on NCD’s recommendation that inclusion
of people with disabilities be a required component of the proposed
Millennium Challenge Account.
NCD provided technical assistance upon request to many countries
seeking to learn from the American experience about disability
law and policy. Some of those countries included Columbia, Kosovo,
Norway, China, India, Vietnam, Croatia, Bosnia, Herzegovina, Ireland,
Ukraine, Africa, Spain, and Belarus.
NCD also provided technical assistance to organizations such
as the United States Institute for Peace, InterAction, and the
International Disability Outreach Foundation.
III. Promote effective delivery of federal services
and programs to all people with disabilities, particularly unserved and underserved
populations, such as people from diverse cultures, rural residents, and youth.
Objectives:
3.1 Monitor federal agencies having civil rights responsibilities to evaluate
their efforts to serve underserved populations such as people from culturally
diverse backgrounds, rural residents, and youth with disabilities, and develop
recommendations to enhance services to these populations.
3.2 Promote best practices programs of education and empowerment
regarding disability rights for people from culturally diverse
backgrounds, rural residents, and youth with disabilities.
3.3 Provide an opportunity for leadership development for youth
with disabilities.
3.4 Establish relationships with national organizations serving
these underrepresented populations.
Results:
3.1 NCD’s Cultural Diversity Advisory Committee (http://www.ncd.gov/newsroom/advisory/cultural/cultural.html)
continued to provide advice and recommendations to NCD on issues affecting
people with disabilities from culturally diverse backgrounds. Specifically,
the committee assisted in identifying issues, expanding outreach, infusing
participation, and elevating the voices of underserved and unserved segments
of this nation’s population that help NCD develop federal policy that
will address the needs and advance the civil and human rights of people from
diverse cultures. This advisory committee is an on-going activity.
Underserved and Unserved Groups
As a follow-up activity to its August 2003 report and toolkit guide addressing
issues related to American Indians and Alaska Natives with disabilities,
NCD conducted a public forum, Disability Matters in Tribal Communities. As
part of its quarterly meeting, the NCD forum attracted more than 120 participants
from various states, local public and private organizations and tribal communities
who dialogued at the Santa Ana Pueblo near Bernalillo, New Mexico. NCD’s
Chairperson Lex Frieden recounted in his welcoming comments NCD’s national
mindfulness of many diverse cultures, noting that “despite this reality,
sometimes people in the United states forget about the Indian Nations.” Forum
participants used NCD’s report, People with Disabilities on Tribal
Lands, as a springboard for sharing examples of what seems to be working,
as well as some of the remaining challenges for people with disabilities
and their families in Indian Country that need to be addressed in the public
policy arena.
NCD published its Summary of the Native American Forum: Disability
Matters on Tribal Lands and Outreach and People with Disabilities
from Diverse Cultures: A Review of the Literature.
NCD is also represented on the Interagency Working Group for
the White House Initiative on Asian Americans and Pacific Islanders.
NCD coordinated and promoted efforts to focus attention on integration
and inclusion of cultural diversity issues across all federal programs
monitored by NCD.
3.2 NCD promoted best practices programs of education and empowerment
regarding disability rights for people from culturally diverse
backgrounds, rural residents, and youth with disabilities by meeting
with stakeholders and representatives of disability and traditional
civil rights groups to discuss the unique issues faced by culturally
diverse people with disabilities.
In addition to input from the FACA committees,
an ad hoc group was also formed that provided specific advice
on reaching families and people with disabilities in ways that
respect cultural traditions. A group representing tribal communities
guided NCD’s dissemination
of resource materials and responses to requests for knowledgeable
people to participate in panels, conferences and other gatherings
in Indian country.
NCD continued to work on the development of
its Cultural Diversity Initiative Toolkit. When completed in
FY 2005, the Toolkit will provide a comprehensive resource for
federal agencies and their partners to assist in reaching out
to people with disabilities from diverse cultures to meaningfully
engage them in the agencies’ programs
and services. NCD invited nine agencies to work together to share
outreach practices and programs. The nine participating agencies
are: the Departments of Education, Housing and Urban Development,
Justice, Labor, and Transportation, and the Social Security Administration,
the Equal Employment Opportunity Commission, and the Federal Communications
Commission.
The identified agencies provided information on their respective
disability and diversity outreach programs, which profile the rich
array of opportunities available through the federal government.
Besides using these tools to enhance the ability of agencies to
share information about their programs and services with each other
and with underserved communities, the tools can be used as information
sources by the public and as tools to enhance and/or build the
capacity within agencies to incorporate the advice and expertise
of grassroots constituencies into their program planning.
3.3 NCD’s Youth Advisory Committee (http://www.ncd.gov/newsroom/advisory/youth/youth.html)
met several times, expanded its outreach to include two new positions for high
school students and provided advice to NCD on various issues, such as NCD’s
planning and priorities for the upcoming fiscal year. The committee targeted
transition from school to employment and independent living as a key area of
focus. NCD sought this type of input in order to make sure NCD’s activities
and policy recommendations respond to the needs of youth with disabilities.
3.4 During FY 2004, NCD began to renew its relationships with national organizations
serving underrepresented populations. In collaboration with the Cultural Diversity
Advisory Committee, NCD developed a cooperative agreement with the American
Association for People with Disabilities (AAPD) that capitalized on that organization’s
direct contacts with national civil rights leaders through AAPD’s membership
on the Executive Board for the Leadership Conference on Civil Rights. Coalition
building was seen as a viable avenue to identify and address common needs and
issues. Groundwork was laid for future dialogue and action planning around
selected areas of focus.
IV. Maintain NCD’s status as a high
performance organization.
Objectives:
4.1 Provide the necessary tools and training to achieve a highly skilled and
high-performing work force.
4.2 Provide a physical environment that promotes the health and
well-being of employees.
4.3 Prepare budget testimony.
4.4 Provide support to NCD teams.
4.5 Maintain accurate accounting of all NCD obligations and expenditures.
4.6 Arrange for NCD quarterly meetings.
4.7 Conduct personnel evaluations.
4.8 Produce weekly news clips.
Results:
4.1 In order for NCD staff to stay current with critical issues facing people
with disabilities and for staff to improve their technical skills, participation
in training programs is necessary. Specific training needs were identified
for individual staff development plans. Staff attended training programs
in one or more of the following areas: contract management, computer technology,
financial management, supervision, management, and media relations.
NCD held monthly staff and team building sessions, which led to the development
and promotion of new processes for administration.
4.2 NCD developed budget priorities and submitted its budget
request to the Office of Management and Budget.
NCD is a leader in providing a physical environment that promotes
the health and well-being of its employees. All accommodations
that are necessary for employees with disabilities to perform at
the highest levels are made. These accommodations include braille
printers, telecommunications devices for the deaf, sign language
interpreters, special lighting, large screen computer monitors,
ergonomic furniture, assistive technology such as screen readers
and notetakers, computer aided real time transcription, etc. NCD
is also located in a very accessible building in Washington, DC.
Every effort is made to create a physical atmosphere that equates
to productive employees.
4.3 NCD contacted Congressional subcommittee staff regarding
its budget submission and submitted testimony for the record. NCD
submitted its budget request in a timely fashion to Congress.
4.4 NCD staff provided administrative and
policy support to NCD’s
teams, keeping team members abreast of new developments in their
issue areas. NCD arranged meetings and teleconferences to facilitate
team work.
4.5 NCD conducted its biannual financial audit and developed
a management response to the audit findings. Financial procedures
have been updated to conform with current accounting practices.
4.6 NCD coordinated and conducted four quarterly meetings and
one teleconference meeting for the NCD board in FY 2004:
November 22-23, 2003, Arlington, VA
February 8-9, 2004, Fort Lauderdale, FL
April 13-15, 2004, Santa Ana Pueblo, NM
June 7, 2004, by teleconference
July 25-26, 2004, Arlington, VA
4.7 NCD conducted staff evaluations for all employees and in
some cases provided individualized development plans.
4.8 NCD produced weekly clips of disability-related news accounts
of NCD activities for members, staff, and contractors. NCD also
sent time-sensitive news accounts by e-mail, posting some of the
more important articles to the NCD in the News page (http://www.ncd.gov/newsroom/inthenews/inthenews.htm)
on the NCD Web site.
Federal Managers' Financial Integrity Act
Signed Assurance Statement
March 31, 2005
The Honorable Josh B. Bolten, Director
Office of Management and Budget
Executive Office Building
17th Street and Pennsylvania Avenue, NW
Washington, DC 20503
Dear Mr. Bolten:
On the basis of the National Council on Disability’s (NCD)
management control process, I am pleased to certify, with reasonable
assurance, that NCD’s systems of accounting and internal
controls are in compliance with the internal control objectives
in OMB’s Bulletin Number 01-02. I also believe these same
systems of accounting and internal controls provide reasonable
assurance that NCD is in compliance with the provisions of the
Federal Managers’ Financial Integrity Act.
The Federal Managers’ Financial Integrity
Act requires agencies to provide an annual statement of assurance
regarding management controls and financial systems. NCD is pleased
to report continued progress in strengthening management controls.
The continuous improvement of program and operational management
process is ongoing. Agency financial management controls and
systems, taken as a whole, provide reasonable assurance that
accounting systems comply with appropriate federal requirements.
This conclusion is based on the review and consideration of internal
analyses, reconciliations, reports, and other information.
Prior to the enactment of the Accountability of Tax Dollars Act,
NCD had established a policy to conduct an audit biannually. NCD
conducted an audit of its FY 2004 financial statement in accordance
with the Accountability of Tax Dollars Act. NCD received a clean
opinion.
If there are any questions or additional information is needed,
please contact the NCD office at 202-272-2004.
Sincerely,
Ethel D. Briggs
Executive Director
Conclusion
In conclusion, NCD continues to be a leader in the development
and analysis of disability policy. The use of the Annual Performance
Report to the President and Congress Fiscal Year 2004, as required
by the Government Performance and Results Act, has greatly assisted
NCD in carrying out its mission. The findings of this report clearly
indicate that NCD has either met or exceeded the projected levels
in its performance plan. |
