**Government Performance and Results Act**

**Annual Report to the President and Congress---Fiscal Year 2007**

![](media/image1.wmf){width="1.5in" height="1.5in"}

**National Council on Disability**

**March 31, 2008**

**National Council on Disability**

1331 F Street, NW, Suite 850

Washington, DC 20004

Government Performance and Results Act Annual Report to the President
and Congress---Fiscal Year 2007

This report is also available in alternative formats and on NCD's
award-winning Web site ([www.ncd.gov](http://www.ncd.gov/)).

Publication date: March 31, 2008

202-272-2004 Voice

202-272-2074 TTY

202-272-2022 Fax

The views contained in this document 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
document was prepared solely by federal employees.

**Letter of Transmittal**

March 31, 2008

The President

The White House

Washington, DC 20500

Dear Mr. President:

The National Council on Disability (NCD) is pleased to submit its
*Government* *Performance and Results Act Annual Report to the President
and Congress---Fiscal Year 2007*, as required by the Government
Performance and Results Act (31 U.S.C. Sec. 1116).

As a unique independent federal agency and leader in the development and
analysis of disability policy, NCD conducted a vast array of activities
in Fiscal Year (FY) 2007, with an authorized budget of \$3,125,492.

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 has applied taxpayer resources
efficiently in a manner that maximizes the effectiveness of Government
programs in serving the American people.

NCD's FY 2007 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 your 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 had a significant, measurable impact on the
lives of people with disabilities and their families all over the world.
Today, there are more than 50 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 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,

![](media/image2.png){width="1.7881944444444444in"
height="0.6708333333333333in"}

John R. Vaughn

Chairperson

(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**

John R. Vaughn, Chairperson

Chad Colley, Vice Chairperson

Patricia Pound, Vice Chairperson

Milton Aponte, J.D.

Victoria Ray Carlson

Robert R. Davila, Ph.D.

Graham Hill

Marylyn Howe

Young Woo Kang, Ph.D.

Kathleen Martinez

Lisa Mattheiss

Lonnie Moore

Anne M. Rader

Cynthia Wainscott

Linda Wetters

**Staff**

Michael C. Collins, Executive Director

Martin Gould, Ed.D., Director of Research and Technology

Mark S. Quigley, Director of External Affairs

Julie Carroll, Senior Attorney Advisor

Joan M. Durocher, Senior Attorney Advisor

Sharon M. Lisa Grubb, Special Assistant to the Executive Director

Geraldine Drake Hawkins, Ph.D., Senior Program Analyst

Brenda Bratton, Executive Assistant

Stacey S. Brown, Staff Assistant

Carla Nelson, Secretary

**Contents**

Executive Summary 7

NCD Authorizing Statute 11

Strategic Plan 17

Strategic Goals and Objectives 19

Performance Results
.............................................................................\...\...\...21

Federal Managers' Financial Integrity Act Signed Assurance Statement 51

Conclusion 53

**Executive Summary**

**Background**

The National Council on Disability (NCD) is an independent federal
agency and is composed of 15 members appointed by the President, by and
with the advice and consent of the Senate. NCD provides advice to the
President, Congress, and executive branch agencies 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.

**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 unique in that it 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 is also proud to have played a pivotal role in the adoption of the
ADA in 1990. Since that time, NCD has been a valuable contributor in
promoting successful disability policies in many areas, including
education, transportation, emergency preparedness, international
disability rights, employment, foster youth with disabilities,
vocational rehabilitation, livable communities, and crime victims with
disabilities to name a few. All of NCD's policy recommendations can be
found in our Newsroom under Publications
(<http://www.ncd.gov/newsroom/publications/2007/publications.htm>).

In its 1986 report, *Toward Independence*, NCD first proposed that
Congress should enact a civil rights law for people with disabilities.

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 2007, 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 2007 included publishing several significant
reports and papers such as:

-   *Creating Livable Communities* (October 2006)

-   *National Disability Policy: A Progress Report* (November 2006)

-   *The Basics of the National Council on Disability's Social Security
    Report* (November 2006)

-   *Introductory Brief on NCD's Long-Term Services and Supports Report*
    (December 2006)

-   *Over the Horizon: Potential Impact of Emerging Trends in
    Information and Communication Technology on Disability Policy and
    Practice* (December 2006)

-   *The Need for Federal Legislation and Regulation Prohibiting*
    *Telecommunications and Information Services Discrimination*
    (December 2006)

-   *Breaking the Silence on Crime Victims with Disabilities* (April
    2007)

-   *Homeland Security, Emergency Preparedness, Disaster Relief and
    Recovery Public Consultation* (May 2007)

-   *The Impact of the Americans with Disabilities Act: Assessing the
    Progress Toward Achieving the Goals of the ADA* (July 2007)

-   *Implementation of the Americans with Disabilities Act: Challenges,
    Best Practices, and New Opportunities for Success* (July 2007)

    In addition, NCD's Web site received approximately 13 million hits
    in FY 2007, with more than 500,000 reports being downloaded from the
    NCD site. This represents a huge savings to the taxpayer in lower
    printing costs, postage, handling, storage, etc.

    NCD's FY 2007 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

    **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 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 and Objectives**

    **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.

    **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.

    **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.

    **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 committees.

    4.5 Maintain accurate accounting of all NCD obligations and
    expenditures.

    4.6 Arrange for NCD quarterly meetings.

    4.7 Conduct personnel evaluations.

    **PERFORMANCE RESULTS**

    Aligned with the President's Management Agenda (PMA), several key
    disciplines were highlighted in NCD's work during Fiscal Year 2007.

    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.

    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 also
    were 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.

    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 promotes 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.

    **Gauging the Effectiveness of NCD\
     \
    **As an agency that does not "deliver" services to the public, the
    impact of NCD's work related to its public education, outreach,
    policy development and research activities is more difficult to
    quantify than might be true for an agency that simply deals with
    totals of items delivered or numbers of people served.
    Accountability is an important characteristic for any agency, and
    NCD is no exception. Our agency has an impressive record of doing
    more with less, and the following section speaks to our
    effectiveness in completing the activities outlined in our
    authorizing legislation.\
     \
    The public interest in Council outreach and educational activities
    can be measured by the number of unique online visits to our
    Internet web pages, requests for NCD documents, and by the numbers
    of subsequent articles published by the media following release of
    an NCD report or news release. Gauging the impact of NCD policy
    development and research reports is best measured by determining
    what actions other entities have taken with those products.\
     \
    Listing the total number of NCD research reports and policy briefs
    requires a 12-page document, so these comments will be restricted to
    work completed in the last five years. During the period 2002
    through 2007, NCD staff and contracted researchers completed 24
    major reports and a like number of policy briefs on issues of
    importance to people with disabilities. Those 24 reports contained
    over 800 recommendations directed to other federal agencies,
    Congress, and non-governmental organizations that provide disability
    services. An in-depth discussion of how those recommendations were
    used illustrates their value and is our best estimate of the quality
    of our products.\
     \
    **Policy and Research Impact\
    **NCD's reports and recommendations have informed all branches of
    the United States government, international groups, the research
    community and the public about the various dimensions of complex
    disability issues and their importance in public policy development.
    Translating the impact of, or the response to, NCD's work into a
    measure of NCD's impact on public policy is not an easy task, for
    many reasons:\
    ·            First, the impact will have both a short-term and a
    long-term effect, and only the former can be addressed in this
    budget document.\
    ·            Second, given the brief time period of focus here
    (i.e., 2002-2007) NCD's earlier reports have a greater likelihood of
    being considered in policy discussions and policy/program actions
    than those released later in this time period because interested
    parties would have had a greater amount of time to respond to the
    earlier reports.\
    ·            Third, the issues addressed by NCD differed in their
    immediate importance to policymakers. For example, emergency
    preparedness research was of immediate concern to policymakers \--
    because of the scope and consequences of recent natural disasters
    \-- and thus received the greatest attention, whereas policy
    research on the civil rights of institutionalized persons received
    far less attention.\
    ·            Fourth, when a government agency or other organization
    develops policy that makes use of or refers to NCD's work, it does
    not necessarily mean that NCD should be credited with having had a
    direct influence on the decision to develop or adopt the policy.
    Many factors influence the development of policy, and NCD's reports
    may be mentioned because they truly were influential, or they may be
    mentioned for purely political reasons.\
    ·            Finally, a good portion of NCD's contribution to the
    policymaking process has been to inform public discussion and debate
    over some highly contentious and value-laden issues, a contribution
    that is not easily measured.

    Acceptance of, reliance on, or reference to NCD's factual findings,
    analyses, as well as its recommendations is not, therefore, a full
    measure of our agency's contribution to public policy. It is
    important that any assessment of NCD's contribution to public policy
    be conducted with these limitations in mind.

    The impact of NCD's policy research is measured in a number of ways.
    NCD's work has frequently been referenced by: the White House,
    Congress, federal agencies, professional societies, the private
    sector, and others that have issued statements, guidance, and other
    documents that referenced, discussed, or were based on NCD's policy
    research and initiatives. In addition, legislation has been
    introduced at both the federal and state levels that cited NCD's
    research or was based on NCD's policy work.

    The following impact was identified by NCD:\
    ·                 Impact on the White House and other members of the
    administration to NCD's policy research and its reports\
    ·                 Federal legislation introduced or enacted that was
    a result (direct or indirect) of NCD's policy research and its
    reports\
    ·                 Testimony before Congress by NCD Board Members,
    staff, or others at Congress's invitation\
    ·                 Utilization of NCD's policy research and reports,
    including guidelines, statements, policies, and procedures, by
    relevant federal agencies, congressional committees, etc.\
    ·                 Statements and related documents from national
    organizations, professional societies, private industry, and other
    entities that followed from or were made in response to NCD's policy
    research and reports.

    Other countries and international organizations have also developed
    policies or issued statements on topics on which NCD has reported.
    Many of these policies and statements cite NCD's work. NCD Board
    Members and staff were also consulted by international organizations
    such as the United Nations Global Alliance for ICT and Development
    (GAID). The following impact of NCD's policy research and reports on
    other countries and international organizations was identified:\
    ·            Legislation that was introduced or enacted abroad that
    was a result (direct or indirect) of NCD's policy research and
    reports\
    ·            Policies, statements, and other documents from
    international organizations that refer to or are based on any of
    NCD's policy research and reports.

    NCD's work has been discussed in leading national newspapers and
    magazines, and on television and radio. In addition, various
    scholars have written about NCD and its policy research and reports.
    NCD's primary function, as established in our authorizing
    legislation, is to provide advice to the federal government on
    matters pertaining to disability. NCD's policy research and reports
    from the period 2002 to 2007 have been accepted, relied on, and/or
    referenced by the White House, Congress, federal agencies and
    federal entities. In addition, NCD Board Members and staff have been
    invited to testify on key disability issues before the House and the
    Senate. White House documents, federal legislative proposals,
    congressional testimony, congressional committee reports, policy
    statements, and other relevant documents are offered as evidence of
    NCD impact.\
     \
    [White House/Executive Office of the President]{.underline}:\
     \
    1. OMB's PART of the Department of Health and Human Services/Office
    of Civil Rights for the year 2005 \[Please note: This was in direct
    relation to NCD's report *Rehabilitating Section 504,* 2003\]\
    2. *The President's New Freedom Initiative: The 2007 Progress
    Report,* July 24, 2007\
     \
    [Federal Agencies:\
    \
    ]{.underline}1. United States Commission on Civil Rights, *Ten-year
    Check-Up: Have Federal Agencies Responded to Civil Rights
    Recommendations?,* May 27, 2004, pages 116-117\
    2. Remarks by DHS/CRCL official (Dan Sutherland) at NCD Report
    Release, available at the following internet address
    <http://www.dhs.gov/xabout/structure/editorial_0624.shtm>\
    3. Remarks by Department of Commerce official (Benjamin Wu) at NCD
    Report Release, available at the following internet  address
    <http://www.technology.gov/speeches/BHW_041028.htm>\
    4. Remarks of NCD staff to the Social Security Advisory Board based
    on NCD's Report on Long-Term Services and Supports, available at 
    <http://www.ncd.gov/newsroom/testimony/2006/gould_01-31-06.htm>\
    5. Remarks of NCD staff to the Social Security Advisory Board based
    on NCD's Report on Employment and Social Security, available at
    <http://www.ncd.gov/newsroom/testimony/2006/durocher_01-31-06.htm>\
    6. Remarks of NCD Board Member Anne Rader based on NCD's reports on
    homeland security, at a Federal Sector Conference on Homeland
    Security, available at the following address
    <http://www.ncd.gov/newsroom/testimony/2006/rader_12-13-06.htm>

    [Congress:]{.underline}

    [\
    ]{.underline}1. 108^th^ Congress, 1^st^ Session; H.R. 3063,
    Children's Mental Health Screening and Prevention Act of 2003\
    2. 108^th^ Congress, 1^st^ Session; House Report 108-243; Committee
    on Appropriations urges FAA, NCD, TSA and RSPA to review and revise
    new technologies and procedures that will improve the ability of
    people needing supplemental oxygen to use during air travel.\
    3. 108^th^ Congress, 1^st^ Session; Senate Report 108-185; Committee
    on Health, Education, Labor, and Pensions references Individuals
    with Disabilities Education Act hearing testimony by NCD Board
    Member Lillian Rangel-Diaz. Senate report also cites NCD policy
    research findings under report discussion of "state eligibility" for
    federal grants.\
    4. Congressional Record, May 13, 2004; IDEA Improvement Act of 2003;
    pages S5394 to S5410\
    5. 109^th^ Congress, 1^st^ Session; Senate Report 109-48; Committee
    on Finance references hearing testimony by NCD Board Member Carol
    Novak regarding a review of legislative proposals to improve access
    to Medicaid Home and Community Based Services such as President
    Bush's New Freedom Initiative and the Medicaid Community Based
    Attendant Services and Supports Act.\
    6. 109^th^ Congress, 2^nd^ Session; House Report 109-515;
    Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Act Bill, 2007 regarding an
    increased appropriation to conduct research work in relation to the
    Americans with Disabilities Act implementation \[Please note: NCD
    issued a report, in keeping with this additional appropriation, in
    July 2007\]\
    7. Public Law 109-295; Department of Homeland Security
    Appropriations Act, 2007 regarding nine (9) specific Congressional
    requirements for NCD to fulfill regarding homeland security
    operations as related to FEMA operations and Americans with
    disabilities.\
    8. 110^th^ Congress, 1^st^ Session; House Report 110-168; Senate
    Amendment to the H.R. 2206 Emergency Supplemental Appropriations
    Bill providing an additional amount for NCD for necessary expenses
    related to the requirements of P.L. 109-295\--cited above.\
    9. 110^th^ Congress 1^st^ Session; April 17, 2007 request by Senate
    Homeland Security and Governmental Affairs Leaders to GAO to update
    a GAO 2006 report on the American Red Cross and other National
    Voluntary Organizations Active in Disasters using NCD's policy
    research and findings as a benchmark for GAO's follow-up evaluation.
    \[Please note: NCD was interviewed by GAO in summer of 2007 for this
    follow-up evaluation.\]\
    10. 110^th^ Congress, 1^st^ Session; June 13, 2007 invited 
    testimony provided by NCD Board Member Graham Hill to the House
    Homeland Security Committee's Subcommittee on Emergency
    Communications, preparedness and Response. Hearing entitled,
    "Citizen Preparedness: Helping Our Communities Help Themselves."

    [Government]{.underline} [Accountability]{.underline}
    [Office]{.underline}:

    1\. GAO-04-879, *Special Education: Improved Timeliness and Better
    Use of Enforcement Actions Could Strengthen Education's Monitoring
    System*, September 9, 2004\
    2. GAO-04-463, *Fair Housing: Opportunities to Improve HUD's
    Oversight and Management of the Enforcement Process*, April 21,
    2004\
    3. GAO-05-82, *American Community Survey: Key Unresolved Issues,*
    October 2004\
    4. GAO-05-626, *Federal Disability Assistance: Wide Array of
    Programs Needs to be Examined in Light of 21^st^ Century
    Challenges*, June 2, 2005\
    5. GAO-07-44, *Transportation Disadvantaged Populations: Actions
    Needed to Clarify Responsibilities and Increase Preparedness for
    Evacuations*, December 22, 2006\
    6. GAO-07-236, *Federal Disability Assistance: Stronger Federal
    Oversight Could Help Assure Multiple Programs' Accountability,*
    January 26, 2007\
    7. GAO-07-411, *Emergency Preparedness: Current Emergency Alert
    System Has Limitations, and Development of a New Integrated System
    Will Be Challenging,* March 30, 2007\
    8. GAO-07-934SP, *Highlights of a Forum: Modernizing Federal
    Disability Policy,* August 3, 2007

    [Congressional]{.underline} [Research]{.underline}
    [Service]{.underline}:

    1\. CRS-RL33304, *The Americans with Disabilities Act (ADA): The
    Definition of Disability*, March 9, 2006\
    2. CRS-RS22254, *The Americans with Disabilities Act and Emergency
    Preparedness and Response*, July 21, 2006\
    3. CRS-RL30006, *Genetic Information: Legal Issues Relating to
    Discrimination and Privacy,* June 5, 2003\
    4. CRS-RL33729, *Federal Emergency Management Policy Changes After
    Hurricane Katrina: A Summary of Statutory Changes,* November 15,
    2006\
    5. CRS-RL34041, *Section 504 of the Rehabilitation Act of 1973:
    Prohibiting Discrimination Against Individuals with Disabilities in
    Programs or Activities Receiving Federal Assistance,* June 13, 2007\
     \
    **Public Education and Outreach Impact\
    ** \
    During Fiscal Year 2007, relevant statistics and data demonstrate
    that NCD was successful in reaching more of the public and our
    stakeholders in every part of the United States through several
    effective methods of obtaining much needed feedback or disseminating
    information necessary to achieve our mission.\
     \
    **Internet\
     \
    **NCD staff and Council members take advantage of the cost effective
    and efficient communications and assistive technology capabilities
    through the use of the Internet by sending and receiving 365,000
    emails per year. The majority of our staff, Council members, and
    stakeholders have disabilities, and utilizing assistive technology
    to communicate via the Internet enables them to participate fully in
    dialogue and deliberations on NCD matters. This practice fosters an
    environment for free exchange of ideas as the council members go
    about the business of promoting best practices, policies and
    programs.  \
     \
    The NCD Web site ([www.ncd.gov](http://www.ncd.gov/)) receives an
    astounding 13 million visits per year as a result of people wanting
    access to our reports and studies. Additionally, many
    disability-related and governmental Web sites include a link to our
    Web site which bolsters the number of visitors who are seeking
    information on disability issues and policy. During this past year,
    530,886 reports and papers were downloaded, saving taxpayers
    literally thousands of dollars in printing, handling, and mailing
    costs. In addition, the NCD listserv has 1,980 subscribers. Many of
    those subscribers share NCD messages, news advisories, and news
    releases with their own listservs, exponentially increasing our
    public outreach.\
     

    **Media Coverage\
     \
    **NCD also works closely with media sources around the world. This
    symbiotic relationship helps spread much needed information about
    people with disabilities and issues related to disability policy to
    every corner of the globe. News stories on NCD issues and the
    reports it releases to the President and Congress are frequently
    published in the United States and such far away lands as Australia,
    New Zealand, India, South Korea, and closer to home in Great
    Britain. During the fiscal year, there were 601 media placements of
    news items related to NCD. Several editorials were also spawned by
    the release of NCD publications. The latest was a supportive
    editorial in August prompted by the release of two NCD reports on
    the Americans with Disabilities Act.\
     \
    In addition, NCD utilizes US Newswire and PR Newswire to distribute
    its news releases and news advisories to major media markets in
    Washington, DC, and throughout the country. As a result of this
    relationship, NCD news items are also distributed to every member of
    Congress and 3,600 of the world\'s most widely accessed Web sites,
    databases, and online services, including AOL, Google, and Yahoo.
    Readership is in the millions.\
     \
    **NCD Web Site Accessibility\
     \
    **NCD is now revamping its Web site to be more user-friendly. For
    instance, NCD is converting its publications section from a
    chronological listing to an issues listing. Those issues will
    include the Americans with Disabilities Act, civil rights,
    disability statistics and research, education, emergency
    preparedness and homeland security, employment, GPRA, health care,
    housing, international, mental health, progress reports, technology,
    and transportation. Although the site is fully 508 compliant, NCD is
    moving to enhance features that will make it more accessible and
    more user-friendly.\
     \
    **NCD Reports\
     \
    **In FY 2007, NCD mailed reports to 9,600 people and organizations.
    Beginning in FY 2008, with the release of a new report on
    employment, NCD will no longer mail reports or its newsletter to
    Members of Congress. Instead, NCD will take full advantage of the
    rules of the House and Senate mail rooms and have its publications
    distributed free-of-charge to each member of Congress on the day
    they arrive. NCD estimates a cost saving in postage alone of
    approximately \$1,500 per report. An added benefit of this newly
    initiated procedure will mean that NCD publications are delivered to
    Congress on the day they are released to the public. In the past,
    using a government-approved AbilityOne Program (formerly
    Javits-Wagner-O'Day) mailing house delayed the arrival of NCD
    publications by weeks due to handling and irradiation of U.S. Mail
    to Congress.

     \
    In addition, NCD will also begin a new process where it will print
    only the executive summaries of large NCD reports. By adopting this
    policy, we anticipate that printing costs in FY 2008 will be cut
    nearly in half. NCD will continue its long-standing practice of
    posting all reports in their entireties on the NCD Web site.\
     \
    **NCD Newsletter\
    ** \
    NCD's monthly newsletter, *NCD Bulletin*, provides readers with an
    update on NCD current and future activities and other
    disability-related items of interest. The newsletter is published 12
    times a year and reaches millions of readers when it is published on
    the NCD listserv, US Newswire, and PR Newswire; this is the same
    distribution network used for NCD news releases and news
    advisories.\
     \
    **Foreign Visitors\
     \
    **In 1995, NCD was designated by the U.S. Department of State to be
    the U.S. government's official contact point for disability issues.
    Specifically, NCD interacts with the special rapporteur of the
    United Nations Commission for Social Development on disability
    matters. NCD is also designated by the Department of State to host
    several visits each year from foreign delegations that express an
    interest in United States disability-related laws and programs. In
    FY 2007 alone, NCD provided technical assistance and outreach to
    several different foreign delegations. NCD met with representatives
    of Bulgaria, China (two visits), India, Uganda, Sudan, Vietnam,
    Norway, Australia, Qatar, Egypt, Bahrain, the United Arab Emirates,
    Gaza, Lebanon, Morocco, Saudi Arabia, and Yemen.\
     \
    **Public Participation at NCD Quarterly Meetings\
    ** \
    Public participation at NCD quarterly meetings has risen
    dramatically during FY 2007. Three participants attended NCD's first
    quarterly meeting in October 2006 (Washington, DC) with one person
    delivering public comments. At our most recent quarterly meeting in
    July (Chicago), there were 130 participants and 32 public comments.
    Another 100 of our stakeholders in the disability community
    participated in an NCD-sponsored reception for leaders in the local
    disability community.\
     \
    This reaching out to local disability communities was accomplished
    by the redirection of our budget to conduct meetings around the
    country so we can carry out our mandate to get public comment and
    input to identify emerging trends in the disability arena so
    appropriate public policy can be developed. Our three-day quarterly
    meetings held in different regions included local panel
    presentations to the council, to enable us to carry out our primary
    mandate to identify and promote the best practices, policies and
    programs that benefit people with disabilities.

     **Activities**

NCD's activities for FY 2007 are broken out under the four categories of
the President's New Freedom Initiative: increasing access through
technology; expanding educational opportunities for youth with
disabilities; integrating Americans with disabilities into the
workforce; and promoting full access to community life.

**Increasing Access through Technology**

**Emerging Technologies**

On December 27, NCD released *Over the Horizon: Potential Impact of
Emerging Trends in Information and Communication Technology on
Disability Policy and Practice*
([www.ncd.gov/newsroom/publications/2006/emerging_trends.htm](http://www.ncd.gov/newsroom/publications/2006/emerging_trends.htm)),
a policy paper that explores key trends in information and communication
technology; highlights the potential opportunities and problems these
trends present for people with disabilities; and suggests some
strategies to maximize opportunities and avoid potential problems and
barriers.

The policies we adopt today will determine whether the technology of the
future empowers people with disabilities---enabling them to work, learn,
communicate, shop, and live independent, productive lives as full and
equal members of society.

For more information on the report, please contact Julie Carroll at
<jcarroll@ncd.gov>.

**Telecommunications**

On December 29, NCD called on Congress and the Administration to end
telecommunications and information services discrimination for people
with disabilities.

NCD's report, *The Need for Federal Legislation and Regulation
Prohibiting Telecommunications and Information Services Discrimination*
([www.ncd.gov/newsroom/publications/2006/discrimination.htm](http://www.ncd.gov/newsroom/publications/2006/discrimination.htm)),
explores the need to adopt legislative and regulatory safeguards to
guarantee equal access by people with disabilities to evolving
high-speed broadband, wireless, and Internet-based technologies.
Experience shows that as these technological innovations stake their
claim in American society, market forces will not be sufficient to
ensure such access. Rather, Congress, the Federal Communications
Commission, and other federal agencies will need to step up to ensure
that these communications technologies remain accessible to and usable
by all Americans with disabilities.

**Global Technology**

NCD's chairperson, John R. Vaughn and NCD's director of research and
technology, Martin Gould, participated in the first Global Initiative
for Inclusive ICTs (G3ict) Global Forum on March 26, 2007, at UN
Headquarters in New York. A flagship partnership initiative of the
United Nations Global Initiative for ICT and Development, G3ict is
headed by W2i, the Wireless Internet Institute in cooperation with the
Secretariat for the Convention on the Protection and Promotion of the
Rights and Dignity of Persons with Disabilities and the United Nations
Institute for Training and Research (UNITAR).

John R. Vaughn chaired the panel on "Identifying core areas of
opportunity to foster greater accessibility of ICTs for persons with
disabilities." This panel examined the potential for ICT industries of
developing inclusive products and services from a market perspective.
Strategies that can best support the development of accessible and
assistive features for ICT products were also examined, including
through Universal Design approaches. Core areas of opportunities were
identified as well as specific funding and R&D resources that industry
could benefit from. Martin Gould served on the panel on "Raising the
challenge for a more accessible information society: case studies and
perspectives from persons with disabilities." This panel examined the
pervasive impact of ICTs on all aspects of contemporary life from the
perspective of persons living with disabilities. Systematic research of
accessibility gaps among common ICT products was presented, as well as
hands-on examples of good practices and challenges covering the
workplace, home, media, e-government, and public services applications.

On September 21, NCD participated in a working meeting hosted by
Ambassador Luis Gallegos to discuss plans for the Global Alliance for
Inclusive Information and Communication Technologies-led (G3ict) Digital
Inclusion Index for Persons with Disabilities. A preliminary research
committee met to brainstorm possible methods for creating an index that
will measure countries compliance with the dispositions of the
Convention on the Rights of Persons with Disabilities with regard to
information and communication technologies.

**Expanding Educational Opportunities for Youth with Disabilities**

**IDEA**

On February 26, NCD chairperson John R. Vaughn released a statement
regarding the U.S. Supreme Court oral argument, which was heard on
February 27, on whether parents may, without a lawyer (*pro se*), file a
lawsuit to enforce their child's rights under the Individuals with
Disabilities Education Act (IDEA).

The case of *Winkleman v. Parma City School District* (No. 05-983)
addresses a split among circuit courts, one circuit deciding that there
are no limitations on the parents' ability to prosecute *pro se* an IDEA
case in federal court, several circuits ruling that under IDEA parents
can only represent *pro se* their own interests and not those of their
child, and the Sixth Circuit saying in *Winkleman* that parents cannot
represent themselves or their kids in court under IDEA.

As an independent federal agency that is statutorily charged with the
responsibility of promoting disability laws and programs, NCD is
concerned about maintaining the ability of parents to obtain the rights
and benefits guaranteed to their children under IDEA.

Chairperson Vaughn concluded by urging that the resolution of the
*Winkleman* case give full effect to the educational guarantees of IDEA
by supporting the rights of parents to pursue the interests of their
children regardless of whether they have a lawyer to assist them.

The entire statement with links to related NCD publications is available
at (<http://www.ncd.gov/newsroom/news/2007/r07-531.htm>).

**Integrating Americans with Disabilities into the Workforce**

**Social Security**

On November 21, NCD published an issue brief titled *The Basics of the
National Council on Disability's Social Security Report*
(<http://www.ncd.gov/newsroom/publications/2006/issue_brief.htm>). This
is a follow-up to NCD's 2005 report *The Social Security
Administration's Efforts to Promote Employment for People with
Disabilities: New Solutions for Old Problems*
(<http://www.ncd.gov/newsroom/publications/2005/ssa-promoteemployment.htm>).

Our nation\'s current disability benefit programs are based on a policy
principle that assumes that the presence of a significant disability and
lack of substantial earnings equate with a complete inability to work.
Americans with disabilities remain underemployed, despite the fact that
many are willing and able to work. Although the Social Security
Administration (SSA) has instituted a number of incentives to reduce the
numerous obstacles to employment faced by its Supplemental Security
Income (SSI) and Social Security Disability Insurance (SSDI)
beneficiaries, such efforts have had little impact because few
beneficiaries are aware of these incentives and how they affect benefits
and access to health care.

The issue brief highlights the continuing number of SSA beneficiaries
who never leave the SSI and SSDI insurance rolls, and the need to
increase the number of beneficiaries who enter, or reenter, the U.S.
workforce. The brief discusses the need to identify new approaches that
emphasize beneficiary control of career planning and the ability to
access self-selected services and supports.

Public and private health care providers must work together to develop
new approaches to combining coverage from multiple sources to improve
program efficiencies. SSA must continue to work with the Rehabilitation
Services Administration and the Department of Labor to improve
implementation of the Ticket to Work program and identify new approaches
that will overcome the traditional inability of SSA beneficiaries to
benefit from services provided by the nation\'s employment and training
programs. Secondary and postsecondary educational institutions must
emphasize benefits counseling and financial management training as the
foundation for beneficiary self-direction and economic self-sufficiency.
Federal agencies and the business community must realize that
collaborative approaches to incorporating beneficiaries into the
workforce are needed as a way to reduce dependence on federal benefits
while simultaneously enhancing the productivity and competitiveness of
large and small business.

Congress and the Social Security Administration must address the
recommendations in the issue brief and report by modifying policies and
procedures.  These modifications should focus on the continuing number
of SSA beneficiaries who never leave the SSI and DI rolls, and on
increasing the number of beneficiaries who enter, or reenter, the U.S.
workforce.

**Vocational Rehabilitation**

On April 5, NCD announced a prerelease notice for a study on The
Vocational Rehabilitation Act: Transition Outcomes and Effects
(<http://www.ncd.gov/research_opportunity/040507prerelease.html>).

NCD is seeking researchers to assess the implementation of the
Rehabilitation Act of 1973, specifically related to transition from
school to work and/or post-secondary education, as well as collaboration
with post-secondary educational systems. Traditionally, the vocational
rehabilitation (VR) program has been justified as a good investment,
with supporters pointing to cost-benefit studies showing high positive
ratios of earnings gains of former clients to money spent on program
services and administration. But questions have been raised about
whether the program is able to serve all those who are eligible and
desire services, whether the services provided are sufficient in scope
and suitably targeted to meet the needs of a diverse clientele, and
whether the program's effects persist over the long term.

Now, more than ever perhaps, effective vocational rehabilitation
programs are necessary. Those responsible for decisions about the
state-federal VR program need information about how those with
disabilities are being served and what works. Individuals with
disabilities are more likely to be unemployed or living in poverty than
are Americans without disabilities. But many individuals, especially
those with severe disabilities, are also in need of education, skill
training, and other assistive services to effectively prepare them to
take advantage of work opportunities. There is a persistent high rate of
unemployment among people with disabilities. Though the high
unemployment rate is due to a number of factors, there does appear to be
a correlation between employability and education and training. To be
competitive in today's world, one most often needs education and
training beyond the secondary school level.

NCD expects that the resulting report will be used by policymakers and
the public to refine and strengthen the on-going implementation of the
Rehabilitation Act.

On August 1, NCD announced that it awarded its one-year study *The
Vocational Rehabilitation Act: Transition Outcomes and Effects* to the
Virginia Commonwealth University. NCD will assess the impact of the
Rehabilitation Act of 1973, specifically related to transition from
school to work and/or post-secondary education, as well as collaboration
with post-secondary educational systems. NCD expects that the resulting
report will be used by policymakers and the public to refine and
strengthen the ongoing implementation of the Rehabilitation Act.

**Promoting Full Access to Community Life**

**Creating Livable Communities**

On October 30, NCD released its latest report*, Creating* *Livable
Communities*, at AARP headquarters in Washington, DC. The report is the
sequel to NCD's 2004 report, *Livable Communities for Adults with
Disabilities*
(<http://www.ncd.gov/newsroom/publications/2004/LivableCommunities.htm>).

Communities in the United States are faced with increasingly difficult
choices and decisions about how to grow, plan for change, and improve
the quality of life for all citizens, including children, youth, and
adults with disabilities. As mentioned in our previous report, NCD
believes that for the promise of full integration into the community to
become a reality, people with disabilities need safe and affordable
housing; access to transportation; access to the political process; and
the right to enjoy whatever services, programs, and activities are
offered to all members of the community by both public and private
entities.

Participants at the news conference included Pat Pound (NCD); Elinor
Ginzler (AARP); James Koski (Congressional Livable Communities Task
Force); Mia Oberlink (Center for Home Care Policy and Research); and
Larry Roffee (Access Board).

Participants at the stakeholder dialogue included Day-al Mohamed
(American Council of the Blind); Yerker Andersson (National Association
of the Deaf); Curt Decker (Consortium for Citizens with Disabilities);
Andy Kochera (AARP); Michael Morris (National Disability Institute);
Nancy Starnes (National Organization on Disability); Janna Starr (United
Cerebral Palsy); and David Warner (Social Security Advisory Board).

**National Disability Policy**

On November 9, NCD released its annual *National Disability Policy: A
Progress Report*
(<http://www.ncd.gov/newsroom/publications/2006/progress_report.htm>) at
a media availability in Washington, DC.

NCD's authorizing statute states that it 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.

Not later than October 31, 1998, and annually thereafter, NCD shall
prepare and submit to the President and the appropriate committees of
Congress a report entitled *National Disability Policy: A Progress
Report*.

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.

In determining the issues to focus on and the findings, conclusions, and
recommendations to include in the report, NCD 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.

The report presents, as appropriate, available data on health, housing,
employment, insurance, transportation, recreation, training, prevention,
early intervention, and education. The report includes recommendations
for policy change.

The report covers the period from December 2004 to December 2005. It
reviews federal policy activities, noting progress where it has
occurred, and makes further recommendations where necessary. The
recommendations apply to the Executive Branch, to the Legislative
Branch, and in some instances to both. While NCD believes the country is
moving forward, expanding opportunities and inclusion for Americans with
disabilities, the rate of progress is slow. Federal policy still
contains inconsistent messages and unrealistic requirements for people
with disabilities who rely on such federal programs as Social Security
Disability Insurance, Medicaid, Medicare, special education, and
Temporary Assistance for Needy Families.

NCD's newly created Emerging Trends Committee has purview over the
progress report and its contents.

Some of the recommendations include the following:

Statistics---Recommendation 1.2: NCD recommends that the results of
field testing of the new American Community Survey disability question
be shared with the disability community, and that opportunity for input
and further refinement be made available.

Civil Rights---Recommendation 2.4: NCD recommends that Congress adopt
the ADA Restoration Act.

Education---Recommendation 3.2: NCD recommends that the U.S. Department
of Education's Office of Special Education Programs, through amendment
to its proposed Individuals with Disabilities Education Act regulations
or through instructional letters to state directors of special
education, provide guidance on monitoring requirements, outcome goals,
and best practices in connection with efforts to reduce minority
overrepresentation.

Health---Recommendation 4.4: NCD recommends that Congress act swiftly to
identify the measures or resources that would be required to assure a
smooth and timely flow of relevant information from the U.S. Department
of Defense to the U.S. Department of Veterans Affairs regarding
seriously injured veterans, and that Congress then enact legislation
ensuring that the necessary coordination will take place.

Long-term Services and Supports---Recommendation 5.2: NCD recommends the
expansion of money follows the person type programs, both through
legislation and through the exercise by federal agencies of their
demonstration program authority.

Child and Youth---Recommendation 7.1: NCD recommends that the House
Committee on Education and the Workforce and the Senate HELP Committee
request that the U.S. Government Accountability Office continue and
deepen its recent vocational rehabilitation (VR) study by carrying out
detailed research into how particular VR services correlate with
successful employment outcomes and into how existing definitions of
successful case outcomes may influence the range and content of services
provided in the field.

Welfare Reform---Recommendation 8.1: NCD recommends that in defining the
concept of work requirements under current law, or in implementing any
new statutory definition of this concept, the U.S. Department of Health
and Human Services consider the circumstances of recipients with
disabilities, the resources available for training and supporting them,
and the attitudes of prospective employers regarding these
welfare-to-work participants.

Housing---Recommendation 9.2: NCD recommends immediate adoption of
legislation, to be developed and submitted in consultation by the U.S.
Department of Justice, Civil Rights Division and by the U.S. Department
of Housing and Urban Development, Office of Fair Housing and Equal
Opportunity along with appropriate Congressional housing committees, to
ensure that accessibility will be included as a uniform feature of all
funding and procurement contracts and of all grants related to
rebuilding after natural disasters.

Transportation---Recommendation 10.1: NCD recommends that the U.S.
Department of Transportation continue to conduct regular, proactive
assessments of transit system compliance with ADA requirements to assure
that maintenance, deployment, information accessibility and other
components of truly accessible service remain priorities, once
accessible capital equipment has been purchased and deployed.

Assistive Technology and Telecommunications---Recommendation 11.3: NCD
recommends passage of the Realtime Writers Act. It is imperative that
the nation develop a cadre of trained personnel who are able to meet the
growing demand for qualified captioners.

International Affairs---Recommendation 12.1: NCD recommends that the
U.S. Agency for International Development undertake a study of the
extent to which the Global Fund and other multinational efforts
currently do, or prospectively could, expand their scope of concern to
ensure nondiscrimination and full opportunity for those who benefit from
the medical interventions and resources that U.S. foreign assistance
programs make available.

Homeland Security---Recommendation 13.1: NCD recommends that Congress
adopt overarching procedures to address interstate issues for all
federal-state programs in evacuation situations.

**Social Security Disability Backlogs**

NCD submitted testimony to the record of the Subcommittee on Social
Security of the House Ways and Means Committee\'s hearing on Social
Security Disability Backlogs, held February 14, 2007. The testimony
contained recommendations on the Social Security Administration's
disability backlogs from NCD's report, *The Social Security
Administration's Efforts to Promote Employment for People with
Disabilities: New Solutions for Old Problems*
(<http://www.ncd.gov/newsroom/publications/2005/ssa-promoteemployment.htm>).

The entire testimony can be found at
<http://www.ncd.gov/newsroom/testimony/2007/testimony_02-14-07.htm>.

**Health Care**

On March 22, NCD posted a prerelease notice for a study on *The Current
State of Health Care for Americans with Disabilities*
(<http://www.ncd.gov/research_opportunity/032207prerelease.html>).
Application materials will be made available on April 23, 2007.

In the course of monitoring the impact of the ADA, NCD has learned that
Americans with disabilities do not have equal access to quality health
care and health promotion services, due in part to a lack of ADA
implementation and enforcement in health care facilities, as well as to
inadequate access to health insurance, deficiencies in health care
coverage, and inadequate training of health care professionals.

The U.S. health care delivery system is touted by many to have
outstanding providers, facilities, and technology. Many Americans enjoy
easy access to care. However, not all Americans have full access to high
quality health care, and too many Americans with disabilities have
inadequate or no access to health care.

The lack of access to high quality health care can be particularly
problematic for service members and veterans with disabilities, women
with disabilities, and individuals with communication disabilities, such
as people who are deaf or hard-of-hearing, people who are blind, people
who have speech impairments, or people with intellectual disabilities.
The consequences of these problems often are far-reaching, leading to
unemployment, poverty, homelessness, the development of secondary health
conditions, and a shortened life span.

NCD would enter into a Cooperative Agreement with entities that have the
knowledge and experience to conduct a study of the current state of
health care for Americans with disabilities, with a particular focus on
service members and veterans with disabilities, women with disabilities,
and individuals with communication disabilities. Partnerships and
collaborative efforts are encouraged to ensure that appropriate
expertise is brought to bear on this complex project involving diverse
stakeholders. Input must be gathered from individuals with disabilities,
health care providers, and health insurers. An NCD report blending a
similar mix of perspectives can be viewed in *The Current State of
Transportation for People with Disabilities in the United States* (June
2005) at
<http://www.ncd.gov/newsroom/publications/2005/current_state.htm>.

**Congressional Outreach**

On December 11, NCD published the first of a number of upcoming monthly
two-page briefings for Congress, highlighting major points in the NCD
report *The State of 21st Century Long-Term Services and Supports:
Financing and Systems Reform for Americans with Disabilities*
([www.ncd.gov/newsroom/publications/2005/longterm_services.htm](http://www.ncd.gov/newsroom/publications/2005/longterm_services.htm)). 

NCD undertook research for this report because it has grown increasingly
concerned about (a) the lack of a coherent national policy for long-term
services and supports (LTSS) for all people with disabilities; (b) the
fragmented nature of service and support delivery systems, with uneven
access and service provision; and (c) LTSS costs of 22 percent or more
of state budgets, which are fast becoming unsustainable. Additionally,
NCD noted that no single federal program, federal agency, or
congressional committee is charged with the responsibility for the
management, funding, and oversight of LTSS; however, 23 federal agencies
are actively involved in LTSS using the NCD definition.

The purpose of this research is to produce new knowledge and an
understanding of current experience with LTSS and the future need for
affordable LTSS for people with disabilities.

On December 18, NCD notified members of the House Livable Communities
Task Force and the Senate Special Committee on Aging about the release
of the NCD report *Creating Livable Communities, available at*
[www.ncd.gov/newsroom/publications/2006/livable_communities.htm](http://www.ncd.gov/newsroom/publications/2006/livable_communities.htm)[.]{.underline}

The report identifies a number of strategies that can be applied to the
design and support of livable community principles. The strategies have
been initiated by federal and state government agencies as well as the
private sector. These entities have recognized the power of
collaboration and the use of distinct tools to guide and stimulate
systemic changes to make communities more livable for all.

**International**

On December 18, NCD chairperson John R. Vaughn released a statement
regarding the adoption of the United Nations International Convention on
the Rights of People with Disabilities.

NCD commends the UN General Assembly, UN delegates, nongovernmental
representatives, and civil society for the effort they have invested in
creating this new convention on the rights of people with disabilities
around the world. This momentous occasion marks the end of a five-year
negotiation process that was unprecedented in its inclusion of
nongovernmental organizations made up of people with disabilities. This
is the first convention of such magnitude in this century; it will
further the human rights of millions of people with disabilities around
the world and will benefit their families and the communities in which
they live and work.

The treaty will be open for signature and ratification on March 30,
2007, and will enter into force after it has been ratified by 20
countries. At that point, other countries that wish to become party to
the convention must "accede," meaning they must sign and ratify at the
same time. If a country signs the treaty at the outset of its adoption
by the General Assembly, the country is considered to be a signatory and
is allowed to take more time to decide whether it wants to ratify and
become a "states party." If the country signs but then decides not to
ratify, it is still a signatory; or the country may "unsign" if it has
no intention of ever ratifying.

For more information on NCD's work on the convention, please see
[www.ncd.gov/newsroom/news/2006/r06-522.htm](http://www.ncd.gov/newsroom/news/2006/r06-522.htm)

**Veterans**

On January 29, NCD hosted a veterans program at its San Diego quarterly
meeting. The purpose of the program was to enable NCD members to learn
from veterans with disabilities, particularly service members returning
from the current conflict, about the programs available to assist them
as they transition to life with a disability, and whether those programs
are meeting their needs. Veterans with disabilities returning from the
current conflict differ from those in prior wars in that many are
electing to remain in the service after rehabilitation. This is feasible
due in part to advances in assistive technology that make it possible
for people with disabilities to perform a wide range of jobs, and in
part to progress in attitudes toward disability. Assistive technology is
readily available to disabled service members while they are enlisted,
but can be difficult or impossible to obtain once they leave the
service. The same is true of quality health care. For disabled service
members who do not elect to, or are not able to, remain in the service
after rehabilitation, transition services are often inadequate,
unavailable, or difficult to learn about and access.

Panelists were Sherman Gillums, Jr., National Service Officer, Cal-Diego
Paralyzed Veterans of America; Colonel John Folsom, Founder and
Director, Wounded Warriors; and Michael McPherson, Protection and
Advocacy Inc., Peer/Self Advocacy Unit, Southern California Coordinator.

**Livable Communities**

On January 30, NCD continued its livable communities theme with a panel
presentation in San Diego, related to its *Creating Livable Communities*
report
(<http://www.ncd.gov/newsroom/publications/2006/livable_communities.htm>).

Panelists were Cyndi Jones, Director and Principal Investigator, The
Center for an Accessible Society, and What's Next? Mentoring Program for
Young People with Physical Disabilities, funded by the U.S. Department
of Education; Betty Bacon, former Disability Programs Coordinator,
Office of Diversity, and former Director, Disabled Student Services; and
Louis Frick**,** Executive Director, Access to Independence.

On July 25, NCD conducted a livable communities/best practices in mental
health panel discussion.

Carol Wozniewski, Director of Mental Health America of Illinois,
described many serious problems in the Illinois public mental health
system. These include limited access to treatment, lack of affordable
housing, premature discharge from hospitalization, inadequate discharge
planning, too much investment in hospitals, lack of emphasis on
employment for consumers, poor jail diversion, lack of coordination
among human service agencies, and scarcity of psychiatrists, with a
special dearth of child and adolescent psychiatrists. Lack of early
intervention that results from mandates to serve only the most seriously
ill actually causes unnecessary disability. Carol called for Congress to
pass, and the president to sign, parity legislation to increase housing
options, and to increase federal funding for criminal justice diversion,
services for youth, and research.

Pamela Charles, from the Growing Place, said she has been in recovery
for 28 years. She described the successes that result from peer support,
self-advocacy, and Copeland's Wellness Recovery Action Plan (WRAP). She
called for removal of Medicare's 120-day limit on mental health days.

Lucy Sajdais, Director of the Growing Place, said the need for
affordable housing is at a crisis point. People are inappropriately
housed in nursing homes. She called for the Federal Government to
implement the recommendations from NCD's 2000 report, *From Privileges
to Rights*, specifically citing the recommendation that involuntary
treatment be avoided. She asked for help protecting civil rights and
described Senate Bill 234, which was passed by the Illinois legislature
and is currently on the governor's desk. If signed, it will expand the
criteria for involuntary treatment to include "likely to deteriorate."
She said that *Olmstead* should be applied to private nursing homes, as
well as publicly funded institutions.

On July 24, former NCD Chairperson Marca Bristo invited NCD to a
presentation on the United Nations Convention on the Rights of People
with Disabilities (see NCD paper on the Convention at
<http://www.ncd.gov/newsroom/publications/2006/un_convention.htm>) by
Gerard Quinn of Ireland. The presentation took place at the new,
fully-accessible headquarters of Access Living of Metropolitan Chicago,
a nonresidential Center for Independent Living for people with all types
of disabilities. The center received Paralyzed Veterans of America's
2007 Barrier-Free America Award, which honors and promotes leadership,
innovation and action in the architectural and design communities in
advancing accessibility.

After Mr. Quinn's presentation, Ms. Bristo introduced Jim Ward of ADA
Watch, who discussed their national ADA bus tour, *Road To Freedom:
Keeping the Promise of the Americans with Disabilities Act*. The tour, a
national awareness campaign inspired by the historic journey of Justin
and Yoshiko Dart to mobilize support for passage of the ADA**,**
features historical ADA photos by Tom Olin.

At the conclusion of the program, NCD hosted a reception at Access
Living for the disability community.

**Foster Care**

NCD is exploring the policy issues surrounding foster care youth with
disabilities. NCD has contracted with the American Youth Policy Forum
(AYPF) to conduct this research. As part of this study, NCD held a panel
discussion at its San Diego board meeting to explore several issues
surrounding this vulnerable population in terms of demographics,
services available, and laws in place to improve services for foster
youth with disabilities in the United States. Discussion included
promising practices in child welfare and placement, as well as
education, workforce, and transition issues.

Panelists for this informative panel were Betsy Brand, Director, AYPF;
Caroline Christodoulidis, Program Associate, AYPF; Barry Fox, Chief,
Residential Services, San Diego County Health and Human Services Agency;
Judy Steet Borchert, Associate Chief of Case Management Services, San
Diego Regional Center; Debbie Davies, Team Leader, Forensic & Medical
Services, and Lead Forensic Interviewer, Chadwick Center for Children
and Families; Patty Boles, Foster/Adoptive Parent and Executive
Director, Straight From the Heart, Inc.; Richard A. Devylder, Deputy
Director, Independent Living and External Affairs, California Department
of Rehabilitation; Michelle Lustig, Coordinator, San Diego County Office
of Education, Foster Youth Services; Terri Linehan, Program Diagnostic
Resource Teacher, Secondary ILS, PACE, San Diego Unified School
District; Jerry Hobbs, Teacher, Special Education, Special Day Class,
Licensed Children\'s Institutions, San Diego Unified Schools; and
Marilyn Stewart, Director, YES Transition Network, ACCESS, Inc.

On March 14, NCD and the American Youth Policy Forum held a policy
discussion at the Institute for Educational Leadership. Participants
included stakeholders at the national and local level. The discussion
included the systems interacting with youth with disabilities in foster
care including the educational system; mental health system; workforce,
child welfare, and juvenile justice systems; the issues affecting this
population; and potential solutions, including
strategic collaborations. NCD expects to release a report this summer.

**NCD to Study Health Care**

The U.S. health care delivery system is touted by many as having
outstanding providers, facilities, and technology. Many Americans enjoy
easy access to care. However, not all Americans have full access to
high-quality health care. And too many Americans, including Americans
with disabilities, have inadequate or no access to health care. In 1999,
Congress directed the Agency for Healthcare Research and Quality to
produce an annual report, starting in 2003, to track "prevailing
disparities in health care delivery as it relates to racial factors and
socioeconomic factors in priority populations." Although the emphasis is
on disparities related to race, ethnicity, and socioeconomic status,
this directive includes a charge to examine disparities in "priority
populations"---groups with unique health care needs or issues that
require special focus.

In 2003, the first National Healthcare Disparities Report (NHDR), a
comprehensive national overview of disparities in health care among
racial, ethnic, and socioeconomic groups in the general U.S. population
and among priority populations, was released. In 2004, the second NHDR,
building upon the 2003 report, was released. In the 2004 report, a
second critical goal of the report was developed: tracking the nation's
progress toward eliminating health care disparities. The 2004 report
highlights three key themes for policymakers, clinicians, health system
administrators, and community leaders who seek to use this information
to improve health care services for all Americans: (a) disparities are
pervasive; (b) improvement is possible; and (c) gaps in information
exist, especially for specific conditions and populations. Other than
its focus on children with special health care needs, however, the
report provides little information about health care disparities and
Americans with disabilities.

To ensure that millions of Americans with disabilities are not left out
of this critical research effort and related federal policy-making
efforts, NCD is interested in conducting research to analyze the history
of federal efforts in health care as it relates to Americans with
disabilities and to review efforts to enhance access to coverage and
care through the private sector.

On April 23, application materials were posted
(<http://www.ncd.gov/research_opportunity/currentstate_04-23-07.htm>)
for NCD's study on The Current State of Health Care for Americans with
Disabilities. This study will examine the current state of health care
for Americans with disabilities, with a particular focus on service
members and veterans with disabilities, women with disabilities, and
individuals with communication disabilities. The closing date was June
4.

**Emergency Preparedness**

Under the Homeland Security Appropriations bill (H.R. 5441) signed by
President Bush on October 4, 2006, NCD was assigned key responsibilities
for disability related issues in homeland security. These
responsibilities involve the Administrator of FEMA working, in
conjunction with other FEMA staff, with NCD and others (e.g., a National
Advisory Council, organizations representing people with disabilities)
on at least nine (9) major tasks including:

-   Appointing a Disability Coordinator;

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-   Interacting regarding the needs of individuals with disabilities in
    emergency planning requirements and relief efforts in the event of a
    natural disaster, act of terrorism, or other man-made disaster;

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-   Completing, revising, and updating, as necessary, guidelines to
    define risk-based target capabilities for Federal, State, local, and
    tribal government preparedness that will enable the Nation to
    prevent, respond to, recover from, and mitigate against all hazards,
    including natural disasters, acts of terrorism, and others;

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-   Carrying out a national training program to implement the national
    preparedness goal, National Incident Management System, National
    Response Plan, and other related plans and strategies;

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-   Carrying out a national exercise program to test and evaluate the
    national preparedness goal, National Incident Management System,
    National Response Plan, and other related plans and strategies;

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-   Establishing a comprehensive system to assess, on an ongoing basis,
    the Nation\'s prevention capabilities and overall preparedness,
    including operational readiness;

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-   Establishing a remedial action management program to\-- (1) analyze
    training, exercises, and real-world events to identify and
    disseminate lessons learned and best practices; (2) generate and
    disseminate, as appropriate, after action reports to participants in
    exercises and real-world events; and (3) conduct remedial action
    tracking and long-term trend analysis;

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-   Developing, coordinating, and maintaining a National Disaster
    Housing Strategy; and

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-   Developing guidelines to accommodate individuals with disabilities,
    which shall include guidelines for: (1) the accessibility of, and
    communications and programs in, shelters, recovery centers, and
    other facilities; and (2) devices used in connection with disaster
    operations, including first aid stations, mass feeding areas,
    portable payphone stations, portable toilets, and temporary housing.

NCD met during the last week of February with key FEMA and DHS staff, as
well as with national organizations representing people with
disabilities, about these key responsibilities and the direction FEMA is
taking to fulfill its new disability mandates under H.R. 5441. FEMA
management also testified in February before the House Committee on
Homeland Security regarding the overall direction it is taking to
strengthen its operations and infrastructure (see,
<http://media-newswire.com/release_1044788.html>).

**Homeland Security, Emergency Preparedness, Disaster Relief and
Recovery Public Consultation**

On May 30, NCD released a public consultation request to identify local
best practices in the areas of homeland security, emergency
preparedness, and disaster relief and recovery. The expectation is that
local communities can offer workable solutions and advice to help the
Federal Government (and its state and private partners) establish
policies, disseminate information, and support best practices for those
most immediately affected by natural and man-made disasters. This public
consultation is designed specifically to identify proven examples of
community efforts that successfully address programs and practices that
successfully take into account the needs of people with disabilities in
the areas of homeland security, emergency preparation, and disaster
relief and recovery.

Why are we using a public consultation process? Running a consultation
is not simply about more open government. We want to make our national
policies more effective by listening to and taking onboard the views of
the public and interested groups. Listening to the public has a number
of specific benefits for us; it allows us to tap the widest source of
information possible and thus improves the quality of the information
received, and the advice it provides to Federal Government leaders; it
alerts us to any concerns and issues and data not picked up through
existing evidence or research; and, it helps us to monitor existing
policy and determine whether potential changes are needed.

Read the entire document at
(<http://www.ncd.gov/newsroom/publications/2007/ncd_consultant_05-31-07.htm>).

On July 24, NCD continued its focus on emergency preparedness with a
panel that focused on state, local, and consumer perspectives and the
needs of people with a variety of disabilities in both urban and rural
environments.

Laurie J. Dittman, Senior Policy Analyst in the Mayor's Office for
People with Disabilities (MOPD), discussed an emergency evacuation
ordinance passed in Chicago after 9/11 so that high-rise buildings of 80
feet or more must develop evacuation plans. The ordinance requires
evacuation assistance for each building occupant needing assistance who
has voluntarily self-identified. Each plan must identify places of
refuge for all occupants who need assistance. Ms. Dittman detailed the
importance of having the MOPD involved from the beginning on the
evacuation ordinance and many additional parameters contained in the
law. She also outlined a new project that will create a voluntary
emergency assistance registry in Chicago. This project grew out of town
meetings held with the Chicago Police Department and other initiatives
that emanated from encouraging community participation in community
emergency response teams.

Paul H. Rasch, Regional Coordinator for the Illinois Emergency
Management Agency, began by noting that everyone in attendance at the
meeting understood how much remains to be done in the emergency
management community to address the needs of persons with special needs.
He spoke about emergency management challenges statewide that include
both urban and rural communities. He noted that rural areas often have
very limited funding and resources but may have residents with special
needs who require services. He discussed the initiative of working with
the Red Cross and others to ensure that shelters are accessible to
people with disabilities, a need that became clear post-Katrina. Mr.
Rasch also outlined the work of the Public Education Committee of the
Illinois Terrorism Task Force in setting up a Special Needs
Subcommittee. This group will solicit input from a cross section of
agencies, organizations, and persons with disabilities.

Sarah Triano, Director of Programs for Access Living, opened her
comments by noting that she was a person with a couple of hidden
disabilities and helped expand the discussion to remember that others
may also have hidden disabilities. She described the elevator at the new
Access Living headquarters in Chicago as the only elevator in the
country right now that has a TTY for use in emergencies by people who
are deaf. Ms. Triano also noted the building has evacuation chairs on
all floors. She discussed that Chicago had only two shelters
post-Katrina and that led to many people who use wheelchairs being
separated from their families and unnecessarily sent to nursing homes.
She mentioned the ongoing challenge of people with disabilities in the
local community who may wait years for accessible housing, but when
disaster evacuees arrive accessible housing becomes available for them.

**Breaking the Silence on Crime Victims with Disabilities**

On May 21, NCD, the Association of University Centers on Disabilities,
and The National Center for Victims of Crime announced a new partnership
addressing the long-neglected needs of crime victims with disabilities.

The ultimate goal of this partnership is to foster greater public
awareness about crime victims with disabilities and to forge a national
commitment to better serve this particularly vulnerable population.

In announcing the partnership, the three organizations released a joint
statement that calls for expanded research to establish the prevalence
and impact of crime against people with disabilities. The statement also
calls for greater public education to raise awareness about the
circumstances and needs of people with disabilities who have been
victimized by crime; public policy changes that integrate crime victims
with disabilities and their needs into the current framework of federal,
state, and local services; increased access to programs and services
that will help crime victims with disabilities rebuild their lives; and
a national leadership forum that will serve as a unifying and proactive
voice for crime victims with disabilities. (To read the full joint
statement, see
<http://www.ncd.gov/newsroom/publications/2007/pdf/05-21-07_jointstatement_crime.pdf>.)

On May 30, the partnership conducted an on-line town hall meeting
(www.ncvc.org) that connected victim service providers, disability
activists, and others from across the country to discuss the joint
statement in greater detail and identify specific strategies for
addressing the needs of crime victims with disabilities.

Presenters included: John R. Vaughn, Chairperson, National Council on
Disability; Olegario D. Cantos VII, Esq., Special Counsel to the
Assistant Attorney General, Civil Rights Division, U.S. Department of
Justice; Mary Lou Leary, Executive Director, The National Center for
Victims of Crime; and Beverly L. Frantz, Institute on Disabilities,
Temple University.

**Americans with Disabilities Act**

On July 26 during a news conference at its quarterly meeting in Chicago,
NCD released two reports that show that the ADA is working but more
needs to be done.

The first, *The Impact of the Americans with Disabilities Act: Assessing
the Progress toward Achieving the Goals of the ADA*, describes a
retrospective study and review of the ADA's impact on the lives of
Americans with disabilities during its first 16 years. The report
focuses on the four major goals of the ADA---equality of opportunity,
full participation, independent living, and economic self-sufficiency.
Progress toward the goal of economic self-sufficiency appears to be the
goal having the least success.

The second report, *Implementation of the ADA: Challenges, Best
Practices, and New Opportunities for Success*, highlights many
successful strategies for ADA implementation, as well as obstacles that
are preventing ADA implementation. This report reflects the experiences
and ideas of ADA stakeholders from around the country, including small
and large businesses, employers, judges and legal professionals,
government entities, and individuals with disabilities.

Both reports can be found at
<http://www.ncd.gov/newsroom/publications/2007/publications.htm>.

News conference participants included: John R. Vaughn, NCD Chairperson;
Linda Wetters, NCD Board Member; Peter Blanck, Ph.D, J.D., University
Professor, Chair, Burton Blatt Institute, Syracuse University; Silvia
Yee, Staff Attorney, Disability Rights Education and Defense Fund; Roy
Flora, Chief Operating Officer, US Franchise Systems, Inc.; Rene Luna,
Chicago Consumer; and John Catlin, FAIA, Partner, LCM Architects.

**ADA Restoration Act**

On September 13, NCD urged Congress to support legislation that will
"right" the course of the Americans with Disabilities Act (ADA) and
protect the civil rights of people with disabilities.

ADA restoration bills were introduced in the House (H.R. 3195) and the
Senate (S. 1881) on July 26, 2007. NCD proposed the original ADA
legislation and is charged with gathering information about the
implementation, effectiveness, and impact of the ADA. In keeping with
this requirement, NCD undertook a two-year study to analyze 19 Supreme
Court cases interpreting the ADA and, in December 2004, released a
comprehensive report titled *Righting the ADA*
(<http://www.ncd.gov/newsroom/publications/2004/righting_ada.htm>).

NCD's study revealed that the majority of the Supreme Court's rulings
involving the ADA depart substantially from the core principles and
objectives of the ADA, resulting in unfair outcomes that sanction,
rather than remedy, even the most egregious employment discrimination
against people with disabilities.

Countless federal court cases have followed, in which an employer
refuses to hire or accommodate an individual with a disability because
of the disability, but then is allowed to argue that the person does not
have a disability. Rarely are the individual's qualifications for the
job evaluated, nor is the alleged discrimination examined.

The purpose of the ADA is "to provide a clear and comprehensive national
mandate for the elimination of discrimination against individuals with
disabilities." While the provisions of the ADA addressing architectural,
transportation, and communication accessibility have been implemented
with notable success, the employment provisions of the ADA essentially
have been rewritten by the Supreme Court, such that these provisions no
longer provide the opportunities and protections expressly intended by
those involved in the creation and passage of the ADA.

NCD's two recent ADA reports, *Implementation of the Americans with
Disabilities Act: Challenges, Best Practices, and New Opportunities for
Success*
(<http://www.ncd.gov/newsroom/publications/2007/implementation_07-26-07.htm>)
and *The* *Impact of the Americans with Disabilities Act: Assessing the
Progress Toward Achieving the Goals of the ADA*
(<http://www.ncd.gov/newsroom/publications/2007/ada_impact_07-26-07.htm>)
both confirm that legislation is urgently needed to restore the ADA to
ensure equality of opportunity, full participation, independent living,
and economic self-sufficiency for all Americans with disabilities.

**ADVISORY COMMITTEES**

NCD has three advisory committees. They are the Cultural Diversity
Advisory Committee, International Watch, and the Youth Advisory
Committee. These committees provide outstanding stakeholder input and
recommendations to NCD. All NCD advisory committees are governed by the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, which was
enacted to promote good government values such as openness,
accountability and balance of viewpoints consistent with administrative
efficiency and cost-containment.

**Cultural Diversity Advisory Committee**

The purpose of NCD's Cultural Diversity Advisory Committee (CDAC)
(<http://www.ncd.gov/newsroom/advisory/cultural/cultural.htm>) is to
provide advice and recommendations to NCD on issues affecting people
with disabilities from culturally diverse backgrounds. Specifically, the
committee will help identify issues, expand outreach, infuse
participation, and elevate the voices of underserved and unserved
segments of this nation's population. This will help NCD develop federal
policy that will address the needs and advance the civil and human
rights of people from diverse cultures.

CDAC's charter was renewed for two years on January 12, 2007.

**International Watch**

The purpose of International Watch (IW)
(<http://www.ncd.gov/newsroom/advisory/international/international.htm>)
is to share information on international disability issues and to advise
NCD on the development of policy proposals that will advocate for a
foreign policy that is consistent with the values and goals of the
Americans with Disabilities Act. IW has two working groups:
International Convention on the Human Rights of People with
Disabilities; and Inclusion of People with Disabilities in Foreign
Assistance Programs.

IW's charter was renewed for two years on September 21, 2006.

**Youth Advisory Committee**

The purpose of the Youth Advisory Committee
(<http://www.ncd.gov/newsroom/advisory/youth/youth.htm>) is to provide
advice to NCD on various issues such as NCD's planning and priorities.
NCD is seeking this type of input in order to make sure NCD's activities
and policy recommendations respond to the needs of youth with
disabilities.

YAC's charter was renewed for two years on October 23, 2007.

**NCD QUARTERLY MEETINGS**

It is interesting to note that with President Bush's appointment in
August 2006 of a new NCD Chairperson, John R. Vaughn, participation in
NCD quarterly meetings increased dramatically over the course of the
fiscal year. The current NCD board, with new staff management, continues
to focus on public outreach and stakeholder input to determine emerging
trends and emerging issues. By conducting quarterly meetings around the
country, NCD is able to stay in touch with grassroots communities whose
input may never find its way to the Washington public policy arena. In
many ways, NCD is a sounding board for all people with disabilities in
the United States. Never before in its history, has interest in NCD been
this high.

As required by Section 400 of the Rehabilitation Act of 1973, as
amended, NCD met face-to-face on four occasions during FY 2007.

**October 30--31, 2006, Washington, DC**

NCD conducted a quarterly meeting for the Washington DC Metropolitan
Area, and also conducted a news conference and stakeholder dialogue to
release its report, *Creating Livable Communities*. The report
identifies barriers to developing livable communities, and sheds light
on potential methods for overcoming these barriers.

Public participation for the quarterly meeting was extremely low, but
more than 40 people attended the news conference that was also carried
on C-SPAN.

**January 29--31, 2007, San Diego, CA**

NCD conducted a quarterly meeting for states in the Southwest to hear
about what works and what does not for people with disabilities. The
meeting focused on veterans' issues and best practices in livable
communities for people with disabilities.

The San Diego meeting gathered 30 participants with seven public
comments for the official meeting record.

**April 16--17, 2007, Atlanta, GA**

NCD conducted a quarterly meeting for the Southeast portion of the
United States to learn first hand about the experiences of people with
disabilities in the southeast region of the country. The meeting focused
on livable communities and best practices and emergency preparedness.

This meeting gathered more than 60 participants with seven public
comments for the record.

**July 24--26, 2007, Chicago, IL**

NCD conducted a quarterly meeting for people with disabilities in
Illinois and surrounding states. Panel discussions on emergency
preparedness and best practices in livable communities for people with
disabilities were the focus of this meeting. NCD also released two
reports on the impact and implementation of the ADA.

There were 130 participants at this meeting and NCD received 32 public
comments for the record.

**Federal Managers' Financial Integrity Act**

**Signed Assurance Statement**

March 31, 2008

The Honorable Rob Portman, Director

Office of Management and Budget

Executive Office Building

17th Street and Pennsylvania Avenue, NW

Washington, DC 20503

Dear Mr. Portman:

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.

In addition, we are delighted to report that NCD received a clean
opinion for its FY 2007 audit.

If there are any questions or additional information is needed, please
contact the NCD office at 202-272-2004.

Sincerely,

![](media/image2.png){width="1.7881944444444444in"
height="0.6708333333333333in"}

John R. Vaughn

Chairperson

**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 2007*, 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.