NATIONAL COUNCIL ON DISABILITY

National Council on Disability (202) 272-2004 Voice

1331 F Street, NW, Suite 850 (202) 272-2022 Fax

Washington, DC 20004

www.ncd.gov

Fiscal Year 2021

CONGRESSIONAL BUDGET

JUSTIFICATION
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TABLE OF CONTENTS

 Note from the Chairman....................................................................3

 

 INTRODUCTION.............................................................................4

 

 AGENCY INFORMATION..................................................................4

 Organizational Structure....................................................................6

 Organizational Chart.........................................................................8

 STRATEGIC FRAMEWORK...............................................................9

 Strategic Goals ..............................................................................11

 Strategic Objectives ........................................................................11

 Tracking Progress on NCD’s Strategic Objectives..................................12

Next Steps for Strategic Objectives.....................................................12

 SUMMARY OF RESULTS AND PLANS..............................................12

 

 CROSS-AGENCY COLLABORATIONS...............................................37

 

 INTERAGENCY COORDINATION.....................................................37

 

 MAJOR MANAGEMENT PRIORITIES & CHALLENGES.........................42

 Planned Actions to Address Priorities and Challenges.............................45 

 Objectives by Team ........................................................................46

 BUDGET JUSTIFICATION...............................................................47 

 Cost Discussion .............................................................................48

 Analysis of Resources .....................................................................49

 

 APPENDIX A.................................................................................57

 Costs of Implementing Federal Cybersecurity Requirements 

 APPENDIX B.................................................................................59

 Staffing Needs to Support the Mission of the Agency
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Note from the Chairman

This document presents both the National Council on Disability (NCD)’s performance plan 

and budget justification for fiscal year 2021. All resources will be applied to the furtherance 

of NCD’s mission to advise the President, Congress, and other federal agencies regarding 

federal policies and the impact on people with disabilities.

In support of the President’s vision, this budget request reflects NCD’s commitment to 

spend taxpayer dollars efficiently and effectively while supporting national priorities to 

reduce deficits. 

NCD’s FY 2021 budget submission focuses on improving the ability to deliver mission 

critical outcomes. This budget request reflects NCD’s efforts to streamline our research 

efforts by engaging NCD’s stakeholders to inform our work, and by developing policy 

recommendations based on the findings from our research and engagement. 

NCD is positioned to do the full scope of work in FY 2021 with twelve full-time career staff, 

three contractors, and nine part-time congressionally and presidentially appointed Council 

Members. NCD is committed to implement improvements to the efficiency and effectiveness 

of our operations in the following areas identified as a priority for this Administration:

• IT Modernization, Data

• Accountability and Transparency

• Developing a Workforce for the 21st Century

NCD is dedicated to fulfilling its mission of advising the President, Congress, and other 

federal agencies regarding federal policies’ impact on people with disabilities. 

Respectfully,

Neil Romano

Chairman
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INTRODUCTION

Agency & Mission Overview

Agency Mission

The mission of NCD is to be a trusted advisor regarding the impact of federal policies 

on the lives of people with disabilities to the President, Congress, and other federal 

agencies by developing policy recommendations; reviewing existing policies’ effects 

on the quality of life of people with disabilities; and by engaging policymakers and 

responding to their requests for assistance accurately, efficiently and without bias.

AGENCY INFORMATION

The National Council on Disability (NCD) is an independent, nonpartisan federal agency 

that provides the Administration and the U.S. Congress with timely analysis and 

recommendations to advise policy development, revision, implementation, and 

enforcement efforts as they have impact on the lives of people with disabilities across 

America. NCD’s purview is not limited to a set policy area or subgroup of disabled 

Americans, so its advice is not siloed at the exclusion of others’ interests. On the 

contrary, NCD’s strives to provide advice that thoughtfully considers the diverse needs 

of its core constituency, which varies greatly by type and severity of disability. 

NCD has a critical role to play in preserving and strengthening the impact of the 

Americans with Disabilities Act (ADA) in our nation’s policies and programs. Indeed, 

NCD’s very identity is inextricably intertwined with the ADA and its history. NCD was 

initially established in 1978 as an advisory board within the U.S. Department of 

Education (Public Law 95-602). The Rehabilitation Act Amendments of 1984 (Public 

Law 98-221) transformed NCD into an independent agency and required NCD to 

provide advice to Congress and the Administration. Changes were also made to NCD’s 

statutory mandate by the Rehabilitation Act Amendments of 1992 and 1998, the 

Education of the Deaf Act Technical Amendments of 1993, and most recently, by the 

Workforce Innovation Opportunity Act (WIOA) of 2014 (Public Law 113-128).
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Upon its establishment as an independent agency, Congress charged NCD with a new 

mandate to review all existing federal policies and programs. NCD delivered on that 

charge with its path breaking report, Toward Independence, which called for enactment 

of a federal disability civil rights law. NCD later offered the first draft of that 

recommended civil rights law in 1988. After President George H.W. Bush signed the 

ADA into law, NCD’s mission was again amended to reflect the national disability policy 

goals now enshrined in the ADA. 

NCD serves a unique role among federal agencies because its mission reflects the 

breadth and diversity of the disability community itself. In its authorizing statute, the 

agency’s duties are extensive and belie the agency’s limited financial and human 

resources. In FY 2019, NCD had a $3.25 million annual appropriation to support its 

mission of gathering information and reviewing and evaluating on a continuing basis all 

“policies, programs, practices, and procedures concerning individuals with disabilities 

conducted or assisted by federal departments and agencies...,” and “all statutes and 

regulations pertaining to federal programs which assist such individuals with 

disabilities...” 

NCD’s governing body is the Council, comprised of nine presidential and congressional 

appointees, including a Chair, whom the President designates; and a Vice Chair, 

determined by the Chair. Congressional appointees are appointed by each of the 

following: the Speaker of the House, the House Minority Leader, the Senate Majority 

Leader, and the Senate Minority Leader. Each Council Member serves a three-year 

term, with the possibility of a second term. A Council Member’s term can extend beyond 

the 6-year term limit because the appointee serves until a replacement appointment 

occurs. 

Council Members are special government employees (SGE) who live across the country 

and are restricted to serve a maximum of 130 days per year in a part-time capacity. 

Each appointee brings a unique perspective informed by varied personal and 

professional experiences. Council Members are people with disabilities, disability 
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service providers, parents or family members of people with disabilities, or other people 

who have substantial knowledge of or experience with disability policies and programs. 

Council Members are appointed to represent people with disabilities, national 

organizations concerned with disabilities, providers and administrators of services to 

people with disabilities, people engaged in conducting medical or scientific research 

related to disabilities, business concerns and labor organizations. Eighty-eight percent

of the current Council Members are people with disabilities, and several are parents of 

children with disabilities.

A small, dedicated full-time staff located in Washington, D.C. support the work of the 

Council Members. Eighty percent of full-time staff are people with disabilities, and 

several are parents of children with disabilities.

ORGANIZATIONAL STRUCTURE

To accomplish its policy research work in fulfillment of its mission, NCD’s Council is 

organized into committees for each policy project. These committees are comprised of 

no more than four Council Members and a full-time NCD staff member who manages 

the Council’s work on a project, drafts portions of policy advice based upon Council 

discussions and research, and who acts as a Contract Officer Representative (COR), or 

Agreements Coordinator, for any supplemental data provided to a project from a

contracted researcher. Once each policy project yields a final draft product, it is shared 

with the entire Council for review, discussion, refinement, and ultimately, a vote of 

approval by council members. Once approved, NCD staff provide final edits and 

dissemination of the policy advice to applicable parties. In the instances of the need for

brief, nimble responses to proposed legislation or regulations, NCD staff drafts work 

products directly, drawing upon the Council’s existing body of work. 
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National Council on Disability Organizational Structure

NCD’s staff is organized into three teams, led by team directors, all of whom report to 

the Executive Director and CEO. NCD is committed to supporting the priority of this 

Administration by developing a Workforce for the 21st Century. 

NCD’s Policy / Legal (Policy) team 

The Policy team analyzes federal laws, regulations, programs, policies, and case law 

precedent; and proposes and develops NCD policy positions that have a national, state 

and international impact on the lives of people with disabilities.

NCD’s Legislative / Outreach (LAO) team 

The LAO team closely monitors Congressional activity on issues critical to the disability 

community and cultivates and maintains effective working relationships with NCD 

stakeholders at the federal, state, and local levels.

NCD’s Administration / Finance / Operations (AFO) team

The AFO provides critical staff support and monitors the agency's finance and 

accounting, information technology, and human resources management, as well as 

partners with the policy and outreach teams to build strategic relationships that are 

critical to the agency's work.
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& Members

Executive Director 

CEO

Director of Legislative 

Affairs & Outreach

Director of Operations 

& Administration 

(vacant)

General Counsel

& Director of Policy

Attorney-Advisor Staff Assistant

Financial 

Management Analyst

Legislative Affairs 

Specialist 

Public Affairs 

Specialist

Attorney-Advisor

Attorney-Advisor

Special Assistant

(Contractor)

IT/Cybersecurity 

Specialist

(Part-time Contractor)

Administrative 

Support Specialist

Administrative 

Personal Attendant 

(Part-time Contractor)

NATIONAL COUNCIL ON DISABILITY ORGANIZATIONAL CHART
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Performance Section

Strategic Framework, FY 2018 – FY 2022

AGENCY MISSION

The mission of the National Council on Disability (NCD) is to be a trusted advisor 

regarding the impact of federal policies on the lives of people with disabilities to the 

President, Congress, and other federal agencies by developing policy 

recommendations; reviewing existing policies’ effects on the quality of life of people 

with disabilities; and by engaging policymakers and responding to their requests for 

assistance accurately, efficiently and without bias.

AGENCY VISION

The vision of the National Council on Disability (NCD) is to advance the goals of the

Americans with Disabilities Act (ADA) through recommendations regarding federal 

policy.

GOALS

1. Develop new disability policy recommendations, such as for entitlement reform 

discussions.

2. Review and analyze proposed and existing federal policies’ impact on people with 

disabilities. 

3. Engage policymakers and respond to their requests for assistance accurately, 

efficiently and impartially.

4. Gather information from subject matter experts and members of the disability 

community to help inform policymakers’ work. 

5. Enhance agency operational and programmatic internal controls in order to 

effectively service execution of statutory duties.

6. Recruit, retain, and develop a highly qualified professional staff in order to 

effectively service execution of statutory duties.

OBJECTIVES

GOAL 1 – New Disability Policy Recommendations –

1. Develop materials regarding findings on the impact of charter schools and school 

vouchers on students with disabilities and offer recommendations to 

policymakers. 

2. Develop materials regarding the use and impact of guardianship on national 

disability policy goals; federal court jurisdiction regarding guardianship cases; and 
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the ways guardianship uniquely affects the lives of people with intellectual and 

developmental disabilities and offer recommendations to policymakers. 

3. Provide policymakers NCD’s Medicaid policy findings and recommendations 

during healthcare reform discussions.

4. Provide policymakers NCD’s Social Security policy findings and 

recommendations during Social Security reform discussions.

5. Develop materials and recommendations regarding findings of research on the 

involuntary institutionalization of people with disabilities as a result of disasters.

6. Develop materials and recommendations regarding findings of research on 

bioethical issues affecting people with disabilities.

7. Develop materials and recommendations regarding the creation of a centralized 

accommodations fund for the Federal Government.

8. Develop materials and recommendations regarding accessible medical 

equipment.

GOAL 2 -- Proposed and Existing Federal Policies –

1. Provide findings and recommendations regarding the implementation of the 

Workforce Innovation and Opportunity Act’s requirement to provide preemployment transition services to transition-age students with disabilities.

2. Provide recommendations regarding the implementation of the Individuals with 

Disabilities Education Act and the Higher Education Act if Congress pursues 

reauthorization efforts.

3. Recommend improvements to the efficiency, effectiveness, and coordination of 

existing federal disability programs and offices.

4. Develop materials and recommendations regarding findings of research on the 

use of subminimum wages in for-profit supply chains and highlight best practices 

used by providers that transitioned away from the use of subminimum wages.

5. Develop materials and recommendations regarding findings of research on 

modernization of the AbilityOne Commission. 

GOAL 3 – Engage Policymakers and Respond to Their Requests for Assistance

1. Provide regular disability policy briefings for members of the Administration and 

Hill staff. 

2. Regularly provide congressional leadership and members of the Administration 

written briefing materials on policy priorities of the disability community. 

3. Increase time of NCD staff and appointed Council members spent in direct 

engagement of congressional and Administration policymakers with NCD’s policy 

advice; and/or of radio, television, print, and online media regarding topics NCD 

has engaged.
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GOAL 4 – Gather Information from Subject Matter Experts 

1. Engage the disability community beyond Washington, DC, soliciting their views 

regarding timely policy matters and providing the input of the disability community 

for policymakers to weigh in their decision making.

2. Develop information partnerships with subject matter experts inside and outside 

the disability community to generate effective intelligence for policymakers to use 

in weighing issues. 

GOAL 5 – Enhance Agency Operational and Programmatic Internal Controls

1. Evaluate and update agency IT infrastructure.

2. Enhance planning and evaluation of all agency projects to ensure continual 

improvements.

3. Ensure compliance with financial regulatory and reporting requirements.

4. Update all agency internal policies and procedures.

5. Evaluate and implement mandated cyber security requirements. 

GOAL 6 – Recruit, Retain, and Develop a Highly Qualified Professional Staff 

1. Enhance new staff orientation materials and process.

2. Perform a SWOT analysis and identify best practices from select agency projects 

from the prior fiscal year. 

3. Identify training to support improvement in areas identified as weaknesses or 

signifying skills gaps by project analysis. 

4. Continue to be a model agency by employing and retaining employees with 

disabilities.

STRATEGIC GOALS

NCD has a unique mission among federal agencies because it is charged with 

reviewing all programs and policies across the Federal Government, not merely one 

aspect of policy affecting all people with disabilities or all policy areas affecting only one 

subpopulation of people with disabilities. For that reason, NCD’s six strategic goals

reflect the agency’s areas of core focus in implementing its mission – develop and offer 

solutions for current policy debates affecting people with disabilities; continually review 

the experience of existing policies on people with disabilities; be in tune with the needs 

of the policymakers who are considering these policies; ensure our information is 

sourced in quality expertise and reflects our core constituency accurately; and steward 
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the agency’s financial and human capital resources to ensure excellence in delivery of 

our work. 

STRATEGIC OBJECTIVES

NCD has several strategic objectives for each of its six strategic goals for 23 strategic 

objectives in total. Each of these objectives is reviewed and updated to reflect Councilset policy project work for the upcoming fiscal year, as well as management-set 

operational, reporting, and compliance priorities based upon OMB-driven guidance, new 

executive orders, and any new legislative responsibilities.

TRACKING PROGRESS ON NCD’S STRATEGIC OBJECTIVES

NCD accomplishes its mission by assessing concerns and priorities of its stakeholders 

and then providing independent and reliable information, analysis, and 

recommendations to Congress, the President, and other federal agencies, in 

furtherance of the goals of the ADA. NCD defines its programs for purposes of 

evaluation as its policy development activities, its research initiatives, its communication 

efforts, and its administrative systems and policies. We conduct program evaluations

before implementation (formative needs evaluations), periodically and ad hoc (formative 

process evaluation), and at the end of each (summative outcome and impact 

evaluations). Historically, NCD has reported on these evaluations in its annual 

Performance and Accountability Report (PAR).

NEXT STEPS FOR STRATEGIC OBJECTIVES

NCD’s five-year strategic plan for FY 2018 – FY 2022 reflect substantial changes. Each 

level of the plan implemented strategies approved by OMB to streamline operations and 

maximize outcomes. NCD’s strategic plan provides greater specificity intended to reflect 

the outcomes the agency is trying to achieve as well as more clearly articulating our plan 

of action in pursuing those ends. In FY 2019, NCD management updated its strategic 

objectives to reflect these priorities.
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SUMMARY OF RESULTS AND PLANS

RESULTS OF OBJECTIVES FOR GOAL 1

GOAL 1 OBJECTIVES

New Disability Policy Recommendations –

1. Develop materials regarding findings on the impact of charter schools and school 

vouchers on students with disabilities and offer recommendations to 

policymakers. 

2. Develop materials regarding the use and impact of guardianship on national 

disability policy goals; federal court jurisdiction regarding guardianship cases; and 

the ways guardianship uniquely affects the lives of people with intellectual and 

developmental disabilities and offer recommendations to policymakers. 

3. Provide policymakers NCD’s Medicaid policy findings and recommendations 

during healthcare reform discussions.

4. Provide policymakers NCD’s Social Security policy findings and 

recommendations during Social Security reform discussions.

5. Develop materials and recommendations regarding findings of research on the 

involuntary institutionalization of people with disabilities as a result of disasters.

6. Develop materials and recommendations regarding findings of research on 

bioethics issues affecting people with disabilities.

7. Develop materials and recommendations regarding the creation of a centralized 

accommodations fund for the Federal Government.

8. Develop materials and recommendations regarding accessible medical 

equipment.

In FY 2020, NCD has continued to honor its policy development cycle of engaging 

NCD’s stakeholders, which includes: pursuing policy research in line with stakeholderidentified concerns and priorities; developing policy recommendations to address those 

concerns; returning to NCD’s stakeholders with the final product; working with 

policymakers regarding its recommendations; and ultimately receiving another round of 

iterative feedback, concerns and priorities to begin the cycle anew. While the objectives 

of Goal 1 are primarily executed by the Policy / Legal team, NCD’s policy development 

cycle that produces NCD’s new policy products requires blending the work of the 

Legislative Affairs / Outreach team’s core functions as well. 
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Highlights of NCD’s results in Goal 1 objectives for FY 2019 and FY 202020 thus far

include:

• NCD Conducted Timely School Choice Research – NCD published two 

reports regarding the impact of charter schools and school choice vouchers on 

students with disabilities in early FY 2019, both of which included key research 

findings and recommendations for policymakers. 

• Professional Associations Take Action in Response to NCD 

Recommendations Regarding Dental Care of People with Intellectual and 

Developmental Disabilities (ID/DD) – Individuals with ID/DD and their loved 

ones often struggle to locate dentists who are trained and are willing to provide 

dental care to individuals with ID/DD. In FY 2019, NCD conducted follow-up 

engagement related to its previously published policy brief that highlights these 

challenges and offers policy recommendations for this largely overlooked issue. 

The brief recommended that 1) the American Dental Association revise its Code 

of Professional Conduct (often adopted by respective states as state professional 

liability law) to reflect that, as a matter of civil rights, Dentists may not 

discriminate in their patient selection based on a person’s disability (as is already 

the case based on a patient’s race, creed, color, sex, or national origin); 2) the 

Commission on Dental Accreditation (CODA) should, as a matter of equal 

treatment, revise its national standards to require that dental students be trained 

in the treatment management of patients with ID/DD; and 3) that Congress 

should revise the Public Health Service Act to designate people with ID/DD as a 

“medically underserved population” as a means of improving the evident lacking 

healthcare for that population. Subsequent to NCD’s efforts in making these 

recommendations, the American Dental Association (ADA) informed NCD in 

early FY 2019 that its House of Delegates passed a vote approving the revision 

to its Code, stating that dentists may not turn away a patient based on that 

patient’s disability, as recommended by NCD; CODA informed NCD in mid FY 

2019 that it has now revised its standards per NCD’s recommendation, which 

now state that all dental and orthodontist program schools in the US must train 
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their students to manage treatment of patients with ID/DD, and dental hygienist 

and dental assistant students must also receive training regarding patients with 

ID/DD ; and a bipartisan bill has been reintroduced in Congress that designates 

the ID/DD population as a medically underserved population as per NCD’s 

recommendation (more on this legislation noted under Goal 2 below).

• Professional Associations Take Action In Response to NCD 

Recommendations Regarding Medical Care of People with Disabilities 

(Including ID/DD) – NCD recommended to the Liaison Committee on Medical 

Education (LCME) that it revise its national medical school curriculum standards 

to include mandatory disability competency training for all medical students in the 

US, in response to the available data that indicate people with disabilities face 

difficulties in finding providers that are adequately trained or able to provide 

proper treatment to patients with disabilities. The LCME informed NCD in FY 

2019 that its Committee has passed a vote to address the issue, with NCD’s 

specific recommendations under advisement.

• NCD Published a Report on Guardianship – NCD published a report that

examines why people with ID/DD are at increased risk for becoming subject to 

guardianship as adults, and how that impacts their ability to benefit from civil 

rights laws aimed at advancing the self-determination and opportunities available 

to people with ID/DD, including the Americans with Disabilities Act, the 

Developmental Disabilities Act, the Individuals with Disabilities Education Act, 

and the Workforce Innovation and Opportunity Act. The report examines how 

people with ID/DD are treated differently than other adults who are the subjects 

of guardianship proceedings, including in several states that have separate 

guardianship laws for people with ID/DD. The findings and recommendations are 

based on the available data on guardianship for people with ID/DD, an in-depth 

examination of the experiences of individuals with ID/DD in Washington, DC, and 

information collected directly from stakeholders across the nation.
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NCD Published a Report Concerning the Institutionalization of People with 

Disabilities During and After Disasters – NCD published a report that 

examines occurrences of institutionalization of people with disabilities, as well as 

threats of institutionalization that were thwarted, in 2017 and 2018, including 

during Hurricanes Harvey, Irma, Maria, Florence, and Michael, and the California 

wildfires. This report examines how, when, and why people with disabilities were 

institutionalized during and after recent disasters; examines the systemic issues 

that continue to cause institutionalization of persons with disabilities; discusses 

the grave short- and-long-term physical, mental, and financial consequences that 

institutionalization wreaks; and provides recommendations and promising 

practices that would enable federal agencies to eliminate institutionalization of 

persons with disabilities during future disasters.

NCD published a report regarding a Cursory Look at AbilityOne – In this first 

of a two-part series, NCD assesses the AbilityOne Program and the work of the 

AbilityOne Commission in the context of federal disability law and policy. The 

program is centered on the requirements that federal agencies must purchase 

goods and services from the AbilityOne Program if contained on a procurement 

list approved and updated by the Commission, and that people who are blind or 

have a severe disability account for at least 75 percent of the direct labor hours 

used to provide the service or produce the goods. Since 2013, the program has 

come under scrutiny from the press, the Government Accountability Office, and 

Congress for a lack of rigorous oversight and transparency.

• NCD Published a Report Regarding Disability Employment Policy – NCD’s

study reports, and provides related recommendations, on trends regarding 

American workers with disabilities being paid below minimum wage, recent policy 

changes impacting this employment model, and characteristics of for-profit entity 

use of subminimum wage work in their supply chains.
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• NCD Published Five Reports on the Intersection of Bioethics and Disability

In FY 19 and FY 2020, NCD published a report series on bioethics and disability 

policy. The report series examined policies and practices related to the 

availability of medical interventions and life-saving medical care for people with 

disabilities. It examined five intersections of disability and bioethics – organ 

transplants; medical futility; genetic testing; Quality Adjusted Life Years Analysis 

(QALYS); and physician-assisted suicide.

• NCD Conducting Research on the Need for a Centralized Accommodations 

Fund – NCD continued research in FY 2019 regarding the creation of a 

centralized accommodations fund for the Federal Government by conducting 

outreach to agencies Government-wide regarding their current practices and 

experiences. Research will continue into and conclude in FY 2020, with NCD’s 

findings and recommendations for policymakers offered at that time.

• Accessible Medical Equipment – NCD posted a research project solicitation 

concerning the necessity & appropriateness of accessible medical equipment 

regulations. NCD has previously noted and advised that as a means of ensuring 

compliance with the Americans with Disabilities Act, and also as a means of 

saving additional healthcare costs, a clear and unequivocal directive to 

healthcare providers must be established on the need to provide accessible 

medical diagnostic equipment. NCD’s Chair has met with the White House 

Domestic Disability Policy Council to discuss this important issue, and NCD will 

be researching and publishing the related subsequent report concerning this 

matter beginning in FY 2020.

• AbilityOne and 14(c) Subminimum Wage – In FY 2019 NCD posted a 

solicitation and began research for a report that will take an in-depth look at the 

AbilityOne Commission and its role in employing people who are blind or people 

with significant disabilities. The report is to be published in FY 2020.
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• Other Policy Recommendations – In addition to the research projects NCD 

undertook in FY 2019 in order that it might advance policy recommendations for 

legislators and agency leadership, NCD also advised in short form through letters

on several critical issues for people with disabilities.

o Letter to HHS/OCR on NCD’s reports on Assisted Suicide, QALYs, 

and Medical Futility – Letter describing the findings from three recent 

NCD reports detailing specific actions that OCR should take to address 

practices and policies that violate the Americans with Disabilities Act 

(ADA), Section 504 of the Rehabilitation Act (Section 504), and Section 

1557 of the Affordable Care Act (Section 1557).

o Letter to HHS/OCR and DOJ/CRT on NCD’s report on Organ 

Transplant Discrimination – Letter describing the findings of the report 

and advising HHS and DOJ to issue non-discrimination guidance under 

Section 504, Section 1557, And the ADA to entities involved in the organ 

transplantation process to help ensure that people with disabilities have 

equal access to life-saving organs.

o Letter to the FDA on the Regulation of Prenatal Genetic Tests - Letter 

describing the findings and concerns about the lack of oversight of genetic 

tests from NCD’s report on genetic testing and encouraging the FDA to 

regulate non-invasive prenatal genetic screening tests that are widely 

available.

o Letter to HHS/HRSA, OPTN, UNOS on NCD’s report on Organ 

Transplant Discrimination – Letter describing the findings of the report 

and making recommendations to ensure that transplant policies and 

practices, including procurement, are non-discriminatory so people with 

disabilities have equal access to life-saving organs.
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o Letter to DHS Regarding Inadmissibility on Public Charge Proposed 

Rule – NCD provided in-depth comments and advise to DHS in response 

to its proposed Inadmissibility on Public Charge Grounds Rule.

o Advisory Letter to HHS OCR in Response to Section 1557 Notice of 

Proposed Rulemaking – NCD provided in-depth comments and advise to 

HHS OCR in response to HHS OCR’s proposed revisions to the Section 

1557 regulation. 

o Letter to Congress Regarding the SECuRE Act – To inform Congress’ 

discussion on discussion on the issue of sexual assault on college 

campuses, NCD shared parts of our report “Not on the Radar” which calls 

attention to the disproportionate incidence of sexual assault against 

students with disabilities and the barriers that these students too often 

face when they try to report an assault or access post-assault support 

services.

o Letter to Congress regarding Restraint and Seclusion in Public 

Schools - To inform Congress’ discussion of how to ensure that children 

are educated in environments where they are treated with dignity and 

respect. NCD reiterated support for the “Keeping all Students Safe Act” 

(H.R. 7124); expressed support for the Department of Education’s (ED) 

Office of Civil Rights’ (OCR) Civil Rights Data Collection (CRDC); and 

recommended that the ED OCR robustly enforce the CRDC reporting 

requirements.

o NCD Letter to Congress Supporting the Introduction of ABLE Age 

Adjustment Act – NCD informed Congress’ work on the Act by sharing 

information on the importance of ABLE accounts and describing its efforts 

at the federal and state levels to improve implementation and increase 

utilization of the ABLE program.
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o NCD Letter to Dept. of Ed. Regarding IDEA State and Local 

Implementation Study – NCD provided comments and advice to the 

Department in response to its proposed 2019 Individual with Disabilities 

Education Act (IDEA) State and Local Implementation Study.

o Letter to FCC Regarding ITTA Petition – NCD advised the FCC to 

reaffirm and further solidify its longstanding rule prohibiting 

telecommunications carriers from identifying the cost of 

Telecommunications Relay Services (a Title IV, ADA Service) on telecom 

invoices, as a fee, surcharge, or line-item (both “separate” and 

“composite”) on customer invoices.

o Letter to Dept. of Ed. Regarding Charter School Grant 

Recommendations – NCD recommended that Grant applicants should 

be notified of their obligations with respect to inclusivity, that students with 

disabilities that are enrolled should not exclude students with more 

significant disabilities, and that students with disabilities should be 

educated in the least restrictive environment as per their rights under the 

Individuals with Disabilities in Education Act. NCD further recommended 

that notification be provided to grant applicants focusing on high school 

students to provide a framework for transitioning students with disabilities 

to fulfill their educational, independent living, and employment goals upon 

graduation.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 1 

NCD kicked off FY 2020 by signing an MOU with Henry Schein Cares to focus on 

advancing key building blocks for expanding dental care for people with disabilities, 

including improving oral health literacy and provider cultural competency for treating 

patients with disabilities, expanding development and utilization of products and 
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equipment for patients with disabilities, assisting Americans with disabilities to access 

care, and recommending appropriate financing and reimbursement rates.

The memorandum stipulates that NCD will provide technical assistance to HSC, such 

as reviewing relevant materials to ensure disability-inclusive language is being used, 

and confirming the accuracy of information HSC is providing in support of its program. 

See: https://ncd.gov/newsroom/2019/NCD-mou-henry-schein-cares.

Every year, NCD’s Council and staff propose and advance new policy priorities based 

upon current events and national trends, respective areas of expertise, suggestions 

from policymakers, and anticipated legislative reauthorizations or regulatory activities. 

Proposals are presented to the full Council and a priority vote occurs after the 

presentations. Based on the outcome of the prioritization, staff move forward to draft 

statements of work for each approved priority project and begin the process to 

undertake the research. NCD will vote on priorities for FY 2020 at the Council meeting

scheduled for January 27, 2020. 

The Council’s area of focus for FY 2020 and FY 2021 include the following priorities for 

people with disabilities:

Medical Discrimination Against Children with Disabilities

A substantial body of evidence shows that time and time again predictions of a poor

quality of life made at birth for a child with a disability are subsequently proven wrong.

Despite this and the prohibition against discrimination in federal disability rights laws,

recent news and evidence indicates that medical discrimination continues in the form of

withholding medical treatment or nourishment from infants born with disabilities. As the

next report in NCD’s bioethics series, this report will examine the nature and extent of

these practices, examine the role of quality of life assessments and economic

considerations in medical nontreatment decisions, and make recommendations to

remedy deficiencies in existing law and policy. The report will also look at the effect of

the relationship between parents and physicians on decisions to withhold medically

indicated treatment, a major issue in the Supreme Court's invalidation of Infant Doe
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regulations in Bowen v. American Hospital Association, how the Child Abuse

Amendments of 1984 are being enforced, enforcement of section 504 of the

Rehabilitation Act of 1973, and efforts of the Department of Health and Human Services

to address this issue of national concern.

Employment Search Engines - Technology

Do employment search engines/services discriminate against people with 

disabilities? With the advent and increasing use of online employment search engines 

and clearinghouses for employers such as INDEED or Career Builder, more attention 

needs to be paid to whether or not these services are accessible and helping to improve 

the employment picture for people with disabilities. 

State Employment Strategies

A report focusing on state governments as model employers of persons with disabilities. 

The Department of Labor published guidance several years ago to states to assist them 

to reduce the high unemployment rate of persons with disabilities. It would be 

worthwhile to examine whether the guidance has been implemented. State 

governments employ millions of individuals, the range of positions vary widely and offer 

opportunities for persons with disabilities who possess many different skills and 

qualifications. In addition, the job sites are spread throughout a state and may lessen 

the challenge of transportation for persons with disabilities. This project would also 

benefit state governments as many are experiencing shortages of applicants because of

the low unemployment rate nationally. Finally, the project would identify barriers that 

may have prevented states from moving forward with the guidance.

Medicaid Reimbursement 

Approximately 60 percent of people in the United States with intellectual and 

developmental disabilities, and many people with other non-I/DD disabilities, rely on 

Medicaid for their health insurance coverage and Medicaid’s reimbursement doesn’t 

always suffice. While comprehensive dental coverage is mandatory for children enrolled 

in Medicaid, dental benefits for adults eligible for Medicaid varies depending on the 
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state. States determine the scope of the dental services covered. While some states 

provide extensive coverage with more generous expenditure caps annually, others 

provide limited coverage with shorter caps, and some states only provide coverage for 

emergency relief alone. While increasing the reimbursement rate with respect to oral 

healthcare for adult patients with intellectual and developmental disabilities would 

certainly greatly improve access to care for this patient population, cost concerns 

certainly cannot be ignored. Access to relevant data concerning the cost/benefit 

analysis of increasing the Medicaid reimbursement rate of preventive services vis-à-vis 

the actual savings to the overall healthcare costs made by keeping this population out of 

emergency and operating rooms is essential. To that end, and assuming this data is not 

already readily available, it is proposed that NCD consider initiating a project whereby 

NCD solicits outside proposals to research and pull together this information. This would 

be done as a means of exploring whether NCD should recommend to Congress and the 

President that increasing the reimbursement rate for this patient population is 

economically sound policy, as well as good preventive services policy.

Accessible Medical Equipment Project 

This project has already been approved and will be getting underway in the first quarter 

of FY 2020, but we would like to add more money to it (currently allocated 30K) to allow 

for full exploration of the issues.

Acquiring Complex Rehabilitation Technology Equipment

Complex Rehabilitation Technology Equipment includes, among other equipment, 

power wheelchairs with features that tilt, recline or elevate. Those features can be 

medically necessary for some persons with mobility disabilities and enhance their ability 

to obtain medical and dental care. In the absence of accessible examination tables and 

chairs, persons with power wheelchairs with those features could, if they desire, be 

treated while remaining in their chairs by reclining or tilting. Wheelchairs with those 

features can also reduce spasticity, facilitate users’ ability to conduct pressure relief, 

and improve their overall quality of life. Private payers, however, often deny requests by 

enrollees of their health insurance plans to acquire this type of complex rehabilitation 
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technology often without any reason other than it is not "medically necessary" despite 

the submission of detailed letters of medical necessity by such person’s physicians. 

These payers uniformly have complex and burdensome appeal procedures purportedly 

entailing a "peer-review" of the insured's request and the insured’s medical provider’s 

letter of medical necessity, yet there is never identification of who the peer is, or the 

credentials of the peer, conducting the review. This project would examine the 

approval/disapproval rates of private payers, the process utilized by private payers –

Blue Cross Blue Shield, United Healthcare, and other private payers - in considering 

requests to acquire such equipment, their appeal procedures, and provide 

recommendations to improve the process by making it more transparent and 

determining whether federal legislation should be passed mandating such transparency 

and data reporting. As private payers always take their cues from Medicare when it 

comes to approving the purchase of complex rehabilitation technology equipment, 

Medicare's approval criteria should also be examined. 

Designation of persons with disabilities as a medically underserved/health 

disparity population

Countless number of studies published in the Disability and Health Journal and other 

peer-reviewed periodicals over the past 20+ years document the significant health 

disparities that exist between persons with disabilities and those without, identifying 

persons with disabilities as the most medically underserved population in the country 

and with the greatest likelihood of having unmet medical, dental and prescription 

medication needs. In the nearly five decades since the passage of Section 504 of the 

Rehabilitation Act of 1973 and the three decades since the passage of the Americans 

with Disabilities Act, these health disparities continue to exist. There are several factors 

that contribute to the disparities, among them, lack of accessible facilities or equipment, 

the lack of disability specific cultural competency among providers, insufficient 

involvement of persons with disabilities in health promotion and wellness programs, the 

lack of accessible fitness equipment and facilities, etc. This report would examine 

whether designating persons of all categories of disabilities as a medically 

underserved/health disparity population would help to address reducing those health 
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disparities. As we know from our recent project to address dental care for persons with 

intellectual and developmental disabilities, by designating a population as a medically 

underserved population, that population can be included in federally funded mainstream 

studies and programs to address health disparities. Similar efforts were undertaken for 

race/ethnic disparities which led to success in reducing those disparities. The same can 

be accomplished for persons with disabilities.

Puerto Rico

The effect of the island’s commonwealth status upon persons with disabilities. Puerto 

Rico is the largest and most populous territory of the United States. U.S. citizenship was 

extended to all persons born on Puerto Rico since 1917 and in 1952 it became a 

Commonwealth. This report will study the impact of the island’s commonwealth status 

on the approximately 716,000 persons with disabilities residing on the island. The report 

would examine the disparate treatment of persons with disabilities residing on the island 

in their participation in Medicare, Medicaid, SNAP, SSI and other programs as 

compared to persons with disabilities residing on the mainland, programs that they 

would be entitled to participate in full (assuming they meet the programs’ eligibility 

requirements) if they resided anywhere on the mainland. The report will also examine 

the effect of the Jones Act, which requires all goods imported into Puerto Rico be 

carried on American-flagged vessels, on the costs of disability specific durable medical 

equipment and other supplies.

Section 504 compliance

Under Section 504, any employer and organization that receives Federal funds is 

required to provide an equal opportunity for people with disabilities to receive program 

benefits and services, including any activities or services a federal agency, contractor or 

subcontractor provides to the public. Any program activities and services should be 

accessible for all people with disabilities (ex. Wheelchair access, ASL, CART, large 

print). This report is an opportunity to revisit NCD’s 2003 report Rehabilitating Section 

504, and reviewing current implementation and enforcement policies, updating our prior 

recommendations and highlighting promising practices.
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Selective Placement Program Coordinator (SPPC)

An SPPC serves as an agency’s point person to assist management in recruiting, hiring 

and accommodating people with disabilities. One of their roles and responsibilities is to 

advise managers about candidates available for placement in jobs under special hiring 

authorities and provide managers with information on reasonable accommodation and 

needs assessments for applicants and employees. This report would examine each 

federal agency’s Selective Placement Program Coordinator, its roles and 

responsibilities, implementation of responsibilities, and the correlation between an 

effective SPPC and the individual agency’s hiring and retention of employees with 

disabilities.

Access to Opioids for People with Disabilities

The U.S. is dealing with an epidemic of opioid addiction that is disproportionately 

affecting rural areas, people of color, and veterans; the severity of the crisis has lowered 

the average life expectancy for all US citizens. The CDC, HHS, and Department of 

Agriculture have issued reports about the opioid crisis, but these have largely focused 

on educating the public about addiction, and clinical considerations for preventing and 

treating addiction. Guidance about the Americans with Disabilities Act and opioids has 

likewise focused on addiction and rights of people receiving treatment. The CDC has 

acknowledged that physician guidelines are being mis-interpreted and mis-used with 

people who have chronic pain, even though states are using the guidelines to create 

laws around addiction. In 2019, consumer groups wrote to the CDC saying that suicides 

have been increasing as people with chronic pain struggle to get adequate pain control 

and deal with increasing bureaucracy related to opioid prescriptions., and people with 

chronic organized nationwide “Don’t Punish Pain” protests. The NCD report would be 

part of the bioethics series, addressing gaps in government and media reports, focusing 

on people with disabilities (e.g., chronic pain) who legitimately need opiates. It would 

examine how existing laws, regulations, stigma reduction efforts, and prescribing 

guidelines have affected them, and make policy recommendations for addressing the 

needs of this population without hindering federal and state efforts to prevent and treat 
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opioid addiction, including suggestions for educating opioid users about their rights 

under the Americans with Disabilities Act and Section 504. 

Housing - All people, no matter what their income, should be able to obtain housing 

that’s safe and affordable and provides a stable foundation for educational, 

employment, and personal growth and achievement. People with disabilities have 

historically been at a severe disadvantage in finding appropriate accessible housing and 

despite years of efforts to increase the accessible housing stock, in 2019, the nation 

continues to have a shortage that is negatively impacts the lives of millions of people 

with disabilities. This report would be the first report concerning the state of housing for 

people with disabilities since NCD’s 2001 report on fair housing. It would describe the 

need for and available stock of accessible/universally-designed housing that is 

federally-subsidized at the low-to moderate income levels. It would describe the federal 

laws that ensure accessible housing; identify the primary reasons for the inadequate 

stock; describe federal and local government programs and policies that aim to increase 

accessible housing stock – highlighting programs and public-private partnerships that 

are successfully increasing affordable and accessible housing, e.g., housing trust funds. 

The report would also compare the availability of low-income, federally-subsidized 

accessible units to waiting lists to make the argument that the 5% accessible unit 

requirement is obsolete and fails to meet the long-standing need. It will make practical 

and evidence-based recommendations to Congress, HUD, States and localities on 

ways to increase this much needed housing stock for the current and future 

generations. 

In addition to the priorities that the Council is considering in FY 2020, NCD will also 

continue to disseminate its work and meet with policymakers regarding its FY 2018, FY

2019 and FY 2020 reports to ensure that its latest policy advice is known and 

understood. Additionally, even though NCD gives priority to its latest releases, 

throughout FY 2020, NCD will continue to inform policy discussions and media 

coverage of topics about which NCD has offered a body of research and advice in 

recent years. 
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RESULTS OF OBJECTIVES FOR GOAL 2 

GOAL 2 OBJECTIVES

Proposed and Existing Federal Policies –

1. Provide findings and recommendations regarding the implementation of the 

Workforce Innovation and Opportunity Act’s requirement to provide preemployment transition services to transition-age students with disabilities.

2. Provide recommendations regarding the implementation of the Individuals with 

Disabilities Education Act and the Higher Education Act if Congress pursues 

reauthorization efforts.

3. Recommend improvements to the efficiency, effectiveness, and coordination of 

existing federal disability programs and offices.

4. Develop materials and recommendations regarding findings of research on the 

use of subminimum wages in for-profit supply chains and highlight best 

practices used by providers that transitioned away from the use of 

subminimum wages. 

5. Develop materials and recommendations regarding findings of research on 

modernization of the AbilityOne Commission.

In FY 2019 and FY 2020, NCD continued to regularly examine existing federal policies’ 

effect on the lives of people with disabilities, as well as review and provide insights on 

proposed legislative and regulatory initiatives and their potential impact on people with 

disabilities. Highlights of NCD’s results in Goal 2 objectives for FY 2019 include: 

• Legislation Reintroduced Designating the ID/DD Population as Medically 

Underserved – Consistent with NCD’s recommendation, and with the assistance 

of NCD in drafting the originally submitted legislative language, bipartisan 

legislation was reintroduced in Congress in FY 2019 that would improve the 

delivery of medical and dental care to people with ID/DD. Under the Healthcare 

Expansion and Accessibility for Developmentally Disabled and Underserved 

Population (HEADs UP) Act, the Public Health Service Act would be revised to 

designate people with ID/DD as a medically underserved population, thereby 

granting people with ID/DD access to the programs and resources of the National 
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Health Service Corps (as is the case for the homeless, residents of public 

housing, and migrant workers).

• Legislation Reintroduced to Address the Sexual Assault of Students with 

Disabilities on College Campuses – In view of national attention on sexual 

assault at college campus’ as well as the announcement of a bipartisan 

congressional taskforce to address the issue, NCD published a report in FY 2018

that included an examination of sexual assault statistics, college policies 

regarding response to sexual assault and how those policies impact and largely 

ignore the needs of students with disabilities in particular, as is also the case with 

post-assault services provided to survivors with disabilities. Following the 

recommendations made in that report, legislation was introduced in Congress in 

FY 2018 and reintroduced in FY 2019 as a means of addressing these concerns. 

The Safe Equitable Campus Resources and Education (SECuRE) Act, 

introduced in March 2018 is bicameral legislation intended to address many of 

the systemic failures brought to light in NCD’s recent report, Not on the Radar: 

Sexual Assault of College Students with Disabilities. 

• Assisted Suicide – In October 2019, NCD issued its The Dangers of Assisted 

Suicide Laws, which recommended that Congress reintroduce H.Con.Res. 80 as 

a Sense of Congress resolution regarding the dangers of assisted suicide laws. 

On December 12, 2019, the bipartisan resolution was reintroduced, again citing 

the dangers of assisted suicide laws for people with disabilities, in line with 

NCD’s recommendation.

• Foreign Policy – NCD has issued a series of reports in the past regarding the 

inclusion of people with disabilities in U.S. foreign policy. In our FY 2019 report, 

we marked the progress made on our past recommendations as well as identified 

the areas that still require follow up at the State Department, USAID, and the 

Peace Corps. Additionally, in June 2019, the Office of International Disability 

Rights Act was introduced, which is consistent with recommendations made in 
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NCD’s FY19 report. The bipartisan bill would establish in law the Office of 

International Disability Rights at the U.S. State Department, to be supervised by 

a Special Advisor of International Disability Rights. 

• National Disability Policy: A Progress Report – In early FY 2019, NCD 

released its statutorily required annual report reporting on the state of disability 

policy in key areas. In its FY 2019 edition, NCD revisited the NCD report 

Promises to Keep: A Decade of Federal Enforcement of the Americans with 

Disabilities Act, released in 2000, to assess the progress made by the U.S. Equal 

Employment Opportunity Commission (EEOC) and the U.S. Access Board to 

address NCD’s recommendations in the 2000 report. In this year's report, NCD 

also uses the framework developed in Promises to Keep to consider the efforts of 

the U.S. Department of Labor’s (DOL) Employment and Training Administration, 

Office of Disability Employment Policy, Office of Federal Contract Compliance 

Programs, Office of the Solicitor, and the Wage and Hour Division to protect and 

advance the employment of people with disabilities. This report assesses how 

these agencies implement and enforce the Americans with Disabilities Act and 

other federal disability rights laws and programs, offers key findings from this 

assessment, and concludes by offering recommendations to enhance the 

agencies' investigative and compliance efforts.

In early FY 2020, NCD released the second part of the Promises to Keep themed 

Progress Report – this year focusing on the Federal Communications Commission, the 

Department of Justice, and the Department of Housing and Urban Development – again 

assessing how these agencies implement and enforce the Americans with Disabilities

Act and other federal disability rights laws and programs and offering recommendations 

to enhance the agencies' investigative and compliance efforts.

• A Cursory Look at AbilityOne – In this first of a two-part series, NCD assesses 

the AbilityOne Program and the work of the AbilityOne Commission in the context 

of federal disability law and policy. The program is centered on the requirements 
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that federal agencies must purchase goods and services from the AbilityOne 

Program if contained on a procurement list approved and updated by the 

Commission, and that people who are blind or have a severe disability account 

for at least 75 percent of the direct labor hours used to provide the service or 

produce the goods. Since 2013, the program has come under scrutiny from the 

press, the Government Accountability Office, and Congress for a lack of rigorous 

oversight and transparency. In this brief study, NCD finds that the current 

structure and implementation of the AbilityOne Program calls into question 

whether people who are blind or have a severe disability are best served by the 

program. NCD recommends that more in-depth independent research into the 

impact of the program be conducted, and that Congress make necessary 

changes so that the program better aligns with the Americans with Disabilities 

Act, the Workforce Innovation and Opportunity Act, and other federal disability 

laws and policies which seek the full participation of people with disabilities, 

including employment and advancement opportunities within the community.

• NCD Letter regarding the Disability Employment Incentive Act of 2018 –

NCD letter in support of S. 3260, the Disability Employment Incentive Act of 2018 

(DEIA). This legislation would increase tax incentives to hire and retain 

employees with disabilities and also incentivize reducing architectural and 

transportation barriers for people with disabilities, potentially making it easier for 

people with disabilities to live and work in the community. For the reasons 

outlined above, NCD supports S. 3260, the Disability Employment Incentive Act 

of 2018

• NCD Letter regarding introduction of Keeping All Students Safe Act – to 

applaud the introduction of the “Keeping All Students Safe Act” (H.R. 7124). NCD 

has consistently opposed the use of seclusion and aversive behavioral therapies 

and supports the ban on these inappropriate forms of discipline in this legislation.

• NCD letter applauding introduction of the Transformation to Competitive 

Employment Act – NCD applauded the introduction of the Transformation to 
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Competitive Employment Act (HR 873 and S. 260). This legislation takes the 

approach that NCD recommended in a 2012 report by NCD to phasing out 14(c)

by providing states and individual providers with a meaningful opportunity to 

transform the way that services are provided to people with disabilities from the 

outdated subminimum wage in a sheltered workshop model to one that focuses 

on supports and services leading to and sustaining competitive integrated 

employment. For this reason, NCD supports this legislation. 

• NCD Letter on Restraint and Seclusion – NCD applauded the House 

Subcommittee on Early Childhood, Elementary, and Secondary Education for 

taking up the important discussion of how to ensure that all children, including 

children with disabilities, are educated in environments where they are treated 

with dignity and respect.

• NCD Letter regarding Expanding Access to Higher Education Act – NCD 

applauded the introduction of the “Expanding Access to Higher Education Act” 

(S. 1176). This legislation implements a number of approaches recommended in 

a 2015 briefing paper on the Reauthorization of the Higher Education Act (HEA) 

by improving opportunities for students with disabilities to pursue higher 

education, improving the ability of institutions of higher learning to meet the 

needs of students with disabilities and providing for better data collection about 

the experiences of students with disabilities. For these reasons, NCD supports 

this legislation.

• Advisory Letter in Response to Section 1557 Notice of Proposed 

Rulemaking – NCD detailed its concerns about the proposed revisions to the 

Section 1557 Regulation (Section 1557). Section 1557 is vital to addressing the 

long history of pervasive programmatic, physical, and attitudinal barriers in the 

health care context which have contributed to the significantly poorer health 

outcomes experienced by people with disabilities. NCD has documented in 

numerous reports that people with disabilities continue to encounter 

discrimination in accessing health care and discrimination in the manner that it is 
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provided, including inaccessible medical offices, inaccessible medical equipment, 

and lack of effective auxiliary aids and services for those with sensory disabilities. 

NCD believes that in order to protect the civil rights of people with disabilities in 

health care, it is vital that Section 1557’s regulations remain intact.

• NCD Letter of Support for Introduction of ABLE Age Adjustment Act – NCD 

supported the introduction of the Able Age Adjustment Act (H.R. 1814/S. 651). In 

a 2008 report, NCD supported the idea of creating accounts that operate like 529 

plans but can be used to fund disability-related expenses and subsequently 

supported the passage of the ABLE Act. However, the limitation on eligibility to 

those who were injured prior to age 26 was never part of NCD’s original 

recommendation and potentially limits the overall impact of ABLE. For this 

reason, NCD supports the ABLE Age Adjustment Act raising the age of onset of 

disability for ABLE eligibility purposes to 46 years of age. 

• Department of Housing and Urban Development (HUD) Proposed Revisions 

on Service Animals – NCD wrote a letter to HUD Assistant Secretary Farias 

urging a meeting on proposed revisions to guidance on service animals and 

assistance animals for people with disabilities in housing and HUD-funded 

programs. As part of its statutorily mandated role, NCD was offering to serve as a 

conduit to disability policy stakeholders so that revisions would properly be 

informed by the community most effected by the revisions.

• Department of Transportation’s Plans to Suspend Enforcement of Claims 

Regarding Psychiatric Service Animals – NCD sent a letter to U.S. 

Department of Transportation (DOT) General Counsel Workie concerning service 

animal discrimination claims, to convey NCD’s concerns regarding DOT’s plan to 

indefinitely suspend enforcement of certain disability discrimination claims 

regarding psychiatric service animals (PSAs) and emotional support animals 

(ESAs). NCD advised that DOT’s proposal to allow airlines to require 

documentation that is unallowable under the existing regulation, and to deny 
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complainants with psychiatric disabilities the right to DOT enforcement of 

legitimate claims, gives airlines permissions to violate the law with impunity, and 

to impose significant burdens on persons with psychiatric disabilities.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 2 

NCD will vote on policy priorities for FY 2020 and FY 2021, including research projects 

that support the President’s priorities during the first council meeting in 2020.

Topics that have been the focus of recent proposals and/or policy discussions on which 

NCD has advised and will continue to monitor throughout FY 2019, FY 2020 and FY 

2021 include:

• Subminimum wage and competitive integrated employment

• Health care reform

In addition to the projects that the Council will vote to commence and disseminate in FY

2020, NCD will also continue to share out its work and meet with policymakers 

regarding its reports and position letters that address proposed and existing legislation, 

the most recent of which is mentioned in the FY 2019 highlights section. If IDEA 

reauthorization is pursued, as an example, NCD’s FY 2018 IDEA report series will be 

front and center in its LAO team’s outreach work. Older reports will also be used for 

informing policy discussions as appropriate. If Social Security reform is pursued, for 

example, NCD’s FY 2015 Securing the Social Contract: Reforming Social Security 

Disability report will again be brought to policymakers’ attention.

Additionally, NCD will weigh in disability-related regulatory proposals that impact people 

with disabilities that may arise; general legislative proposals that impact people with 

disabilities; as well as disability-specific legislation that is introduced.

In FY 2020, NCD’s 2020 annual Progress Report will commemorate the 30th 

anniversary of the ADA. It will focus on the employment of people with disabilities by 

providing a retrospective of the issue of disability employment during the past 30 years. 
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It will define and assess the effectiveness of the federal response to the continued low 

rate of workforce participation and offer recommendations designed to increase 

workforce participation - including removal of well-documented federal barriers and 

implementation of federal-private initiatives to eliminate the barriers that continue to 

impede such participation. It will describe and assess the intended and real impact of 

Title I of the ADA on the workforce participation of people with disabilities; legislation 

enacted to improve workforce participation of people with disabilities since enactment of 

the ADA, including the WIA of 1998, and the WIOA of 2014; legislation enacted or 

programmatic changes that have hindered workforce participation; NCD and other 

entities’ recommendations made to Congress and federal agencies to improve 

workforce participation and the response; and federal and federal-private collaborations 

to improve workforce participation and the results.

In FY 2019, NCD received considerable input from the community in response to a 

request for public comment on Airline Travel for People with Disabilities - NCD released 

a position paper in 2004 recommending the Air Carrier Access Act (ACAA) be amended 

to allow for a private right of action. Our work in this area goes as far back as 1999 

report, where NCD specifically addressed wheelchairs being mishandled and refusal to 

stow adaptive equipment such as walkers and folding wheelchairs in the aircraft cabin. 

Many problems stem from the unwillingness of some airline staff to recognize that a 

request for an accommodation in air travel invokes civil rights protections. The newly 

enacted FAA Reauthorization Act of 2018 includes amendments in the form of 

directives for the Department of Transportation and DHS that impact the ACAA.

Contingent upon funding and workforce capacity, NCD could update our 1999 report 

and our position paper by evaluating how the directives in the FAA Reauthorization Act 

of 2018 and how the Act can be utilized to address and improve the outcome of airline 

travelers with disabilities.
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RESULTS OF OBJECTIVES FOR GOAL 3

GOAL 3 OBJECTIVES

Engage Policymakers and Respond to Their Requests for Assistance

1. Provide regular disability policy briefings for members of the Administration and 

Hill staff. 

2. Regularly provide congressional leadership and members of the Administration 

written briefing materials on policy priorities of the disability community. 

3. NCD staff and appointed Council members increase time spent in direct 

engagement of congressional and Administration policymakers with NCD’s policy 

advice; and/or of radio, television, print, and online media regarding topics NCD 

has engaged.

In FY 2019, NCD continued its efforts to respond to congressional requests for policy 

assistance; to meet with and offer briefings to congressional and committee offices 

regarding newly released NCD policy research; to engage with congressional and 

agency offices regarding their own priority areas that have implications for Americans 

with disabilities; and to engage media on topics on which NCD has done its research 

and made its advice to policymakers. Highlights of NCD’s results in Goal 3 objectives 

for FY 2018 include:

• Bioethics Briefings – In November and December 2019, NCD provided policy 

briefings to staff across the U.S. Department of Health and Human Services, 

including the Office for Civil Rights and the Administration on Community Living, 

regarding its recently released bioethics report series, specifically focusing on the 

reports’ major findings and the recommendations directed toward HHS for followup. Additionally, in December, having received a bipartisan request from two 

members of Congress, NCD hosted a briefing on Capitol Hill regarding it’s The 

Dangers of Assisted Suicide Laws report.

• Congressional Briefing on Competitive Integrated Employment – In June 

2019, NCD held two congressional briefings (one House-side, one Senate-side) 

to highlight the stories of providers transitioning away from 14(c) wage sheltered 
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workshop employment to competitive, integrated employment for people with 

disabilities. 

• ABLE Convenings – The House Appropriations Committee’s Labor, Health and 

Human Services, Education, and Related Agencies Appropriations Committee 

Report included language requesting NCD, when convening stakeholders, to 

conduct information sessions on ABLE accounts as well as to serve as an 

interagency coordinator to ensure consistency across Federal agencies and 

programs regarding ABLE implementation. In FY 2019, in conjunction with its 

traveling quarterly meetings, NCD hosted information sessions in Henderson, 

NV; Humacao, PR; and Chicago, IL. NCD also hosted three interagency 

meetings in October, February, and September. Additionally, NCD supported 

informing the public of ABLE programs nationwide weekly through social media 

engagement.

• Disability Convening on Single-Use Plastics Bans – In consideration and 

pursuit of bicameral legislation regarding single-use plastic bans and their impact 

on people with disabilities, a House and Senate office jointly requested NCD to 

host a convening of interested disability stakeholders to respond to draft 

legislation and discuss the community’s concerns regarding bans as well as any 

state and local bills or initiatives that represent best or worst practices. NCD 

hosted the discussion in November 2019 with approximately twenty participants 

joining in person or by phone. 

• Media Engagement and Interest in NCD’s Work – NCD’s work is routinely 

highlighted in national media and industry publications, and NCD regularly 

receives media inquiries for background information to produce stories and to 

comment on current events related to people with disabilities and to its most 

recent report releases. A small sampling of NCD’s media mentions in FY 2019

and early FY 2020 follow below:
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o NCD’s long record of engagement of policy discussions regarding disaster 

management was noted by Government Technology, Disability Scoop and 

other media covering NCD’s FY 2019 report Preserving Our Freedom: 

Ending Institutionalization of People with Disabilities During and After 

Disasters.

o Washington Post, Kaiser Health News, and other media outlets reported in 

FY 2019 on groundbreaking changes NCD recommended in a FY 2018 

NCD dental brief for both the American Dental Association professional 

code changes and the Commission on Dental Accreditation’s new dental 

student requirements.

o Exceptional Parent magazine highlighted NCD's FY 2019 report Turning 

Rights into Reality: How Guardianship and Alternatives Impact the 

Autonomy of People with Intellectual and Developmental Disabilities

o NY Times and Consumer Reports and other media solicited assistance 

from NCD in FY 2019 on articles about Achieving a Better Life Experience 

(ABLE) accounts. NCD is the kingpin for supporting awareness of this 

national program.

o NCD received national attention in early FY 2019 from POLITICO to 

coincide with release of NCD's School Choice report series on vouchers 

and charter schools. Media, including USAToday reporter interviewed

NCD Council Members at various publications.

o NCD's Chairman was interviewed extensively regarding NCD’s work and 

recommendations from NCD’s FY 2019 From the New Deal to the Real 

Deal: Joining the Industries of the Future report on 14c / subminimum 

wages.
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o NCD Chairman was quoted in early FY 2020 for a Washington Examiner 

article on transportation accessibility initiatives and autonomous vehicles.

o The National Review in early FY 2020 covered NCD’s The Danger of 

Assisted Suicide Laws report. Numerous other blogs and online media 

posted commentaries and articles referencing the report.

O The New York Times in FY 2019 contacted NCD for assistance in 

updating an article on ABLE accounts.

• Other Engagement and Assistance – In addition to its traditional and primary 

advisees, throughout each year, NCD also commonly engages or responds to 

requests for assistance from other groups and interested parties as well. A small 

sampling of these interactions for FY 2019 follows:

o Showcasing U.S. federal disability rights leadership for international 

delegations – NCD staff and Council Members met with representatives 

from many countries to discuss U.S. federal disability civil rights laws 

(which many nations desire to study and replicate) and the structure and 

role of NCD as an independent federal advisory body regarding disability 

policy. Many countries have signed and ratified the Convention on the 

Rights of Persons with Disabilities and thus are seeking information from 

the United States on how best to implement, given our long history with 

the Americans with Disabilities Act and other disability laws. While it is 

difficult to gauge specific outcomes from these meetings, the most 

frequent subject of discussion is how to create their own “National Council

on Disability,” what structure of government is required; how to achieve 

the right make-up; and how to ensure it can be effective in its role as a 

government advisor. 

o American Dental Association – NCD continued to engage the 

leadership of the American Dental Association, recommending that it 
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revise its Code of Professional Conduct to better reflect the rights of 

people with disabilities in compliance with the Americans with Disabilities 

Act and as a matter of equal treatment. After several exchanges, the 

ADA’s House of Delegates passed a vote adopting NCD’s revisions to its 

Code (thereby also changing the laws of several US states that adopt the 

ADA Code as their own law of professional responsibility). 

o Commission on Dental Accreditation (CODA) – NCD continued to 

engage the Commission on Dental Accreditation (CODA) requesting and 

advising that its accreditation standards be revised in compliance with the 

Americans with Disabilities Act and also as a matter of equal treatment. In 

FY 2019 CODA informed NCD that it passed a vote adopting NCD’s 

recommendations within its now revised standards.

o Liaison Committee on Medical Education (LCME) – NCD engaged the 

LCME requesting and advising that its accreditation standards be revised 

in compliance with the Americans with Disabilities Act. The LCME advised 

NCD that it passed a vote agreeing to address the matter with NCD’s 

specific recommendations under advisement.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 3

NCD’s update of its five-year strategic plan for FY 2018 – FY 2022 includes enhanced 

engagement activities that will continue to prominently shape the work of the agency. 

In FY 2020 and FY 2021, NCD will continue to work with sponsoring offices of 

legislation based on NCD’s report recommendations, presently including the SECURE 

Act (sexual assault on college campus legislation), the HEADS Up Act (dental care of 

people with I/DD), the ABLE Age Adjustment Act (which increases from 26 to 46 the 

age threshold of tax-favored ABLE savings accounts), the Office of International 

Disability Rights Act (which would establish in law the Office of International Disability 

Rights at the U.S. State Department), and autonomous vehicle legislation. NCD was 

also tasked in FY18 by language in the House Appropriations Committee Report with 
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new responsibilities to conduct information sessions across the country regarding the 

Achieving a Better Life Experience (ABLE) Act and for interagency coordination so that 

federal agencies are providing information and guidance consistent with the legislation. 

Accordingly, NCD will continue its work in FY 2020 on these new responsibilities. 

In FY 2021, NCD will provide regular disability policy briefings for members of the 

Administration and Hill staff. In line with specific requests of committee and Member 

offices regarding content, NCD plans to provide at least two congressional briefings a 

year utilizing NCD research. Additionally, by the end of March 2021 and again by the 

end of March 2021, NCD plans to provide a high-level primer in the form of a Hill 

briefing on the policy areas of greatest priority for the disability community, targeting 

staff of new members’ offices. 

In FY 2021, NCD will provide congressional leadership and members of the 

Administration written briefing materials on policy priorities of the disability community. 

In advance of any congressional hearing regarding a topic of priority concern for the 

disability community, NCD will provide written briefing materials to committee members, 

including key findings and recommendations from NCD’s body of research, as well as 

suggested questions for witnesses. Additionally, by the end of March 2021 and again by 

the end of March 2021, NCD plans to provide a high-level written primer to offer at a Hill 

briefing on the policy areas of greatest priority for the disability community, targeting 

staff of new members’ offices. 

In FY 2021, NCD also plans to increase the time of NCD staff and Council members 

spent in direct engagement of congressional and Administration policymakers with 

NCD’s policy advice. For its 2019 Washington, DC-located board meeting and every 

DC-based meeting thereafter, NCD staff plans to arrange agency and congressional 

meetings to discuss NCD policy advice and solicit advisee feedback to coincide with the 

time during which the NCD Council Members will be in town. By 1st quarter FY 2019, 

NCD management will incorporate federal agency advisee outreach following report 
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release into performance plans of employees tasked with shepherding NCD policy 

reports to completion. 

In FY 2021, NCD will continue to provide public comment opportunities at each of our 

NCD quarterly meetings to create opportunities for the Council to hear directly from 

members of the public; meet regularly with international delegations; and provide 

regular disability policy briefings for members of the Administration and congressional 

staff. NCD continually receives public comment outside of quarterly meetings via all 

social media platforms and NCD’s website. NCD also plans to examine and revise the 

format of its publications, briefing materials, and briefing methods in FY 2021, with a 

mind toward increasing their responsiveness to the specific needs of NCD advisees.

RESULTS OF OBJECTIVES FOR GOAL 4

GOAL 4 OBJECTIVES

Gather Information from Subject Matter Experts 

1. Engage the disability community beyond Washington, DC, soliciting their views 

regarding timely policy matters and providing the input of the disability community 

for policymakers to weigh in their decision making.

2. Develop information partnerships with subject matter experts inside and outside 

the disability community to generate effective intelligence for policymakers to use 

in weighing issues.

In FY 2019, in service of its policy development cycle, NCD staff and Council members 

continued outreach efforts to national organizations, individual constituents, academics, 

disability coalitions; and disability conferences, all of which informed the research 

projects as well as helped steer the direction of policy priorities the agency set for the 

next fiscal year. For every one of NCD’s FY 2019 released reports, NCD’s research 

involved engagement of people with disabilities from across the country in the form of 

focus groups, interviews, and advisory councils. In each report, NCD highlighted and 

summarized those interactions to elevate first-hand experiences of people with 

disabilities to the attention of policymakers. 
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In FY 2019, NCD entered into cooperative agreements with subject matter experts to 

assist with nearly all of NCD’s research endeavors to ensure that the information 

provided to policymakers was current, relevant, and accurate. These agreements are at 

times with organizations that have specialized expertise in certain policy areas, and at 

other times with academic institutions or research groups.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 4 

In FY 2020 and FY 2021, NCD will continue its process of purposed engagements of 

individuals from the disability community from across the country to inform its research 

reports; and its usage of cooperative agreements to obtain data and elicit expert input 

into all of its research. NCD will continue to convene stakeholders and host 

informational sessions on the ABLE Act, inviting members of the disability community, 

to satisfy one of its new duties under House Appropriations Committee Report 

language. 

RESULTS OF OBJECTIVES FOR GOAL 5

GOAL 5 OBJECTIVES

Enhance Agency Operational and Programmatic Internal Controls

1. Evaluate and update agency IT infrastructure.

2. Enhance planning and evaluation of all agency projects to ensure continual 

improvements.

3. Ensure compliance with financial regulatory and reporting requirements.

4. Update all agency internal policies and procedures.

In FY 2019, Highlights of NCD’s results in Goal 5 objectives for FY 2019 include:

• In FY 2017 and throughout FY 2018 and FY 2019, NCD has worked 

collaboratively with the Department of Homeland Security to implement 

EINSTEIN requirements. NCD has complied with all mandated requirements to 

the maximum extent that the budget allowed. 
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• In FY 2019, with the assistance of the Department of Interior, NCD completed a 

security assessment and authorization (SA&A), required by the Federal 

Information Security Management Act (FISMA). All systems and applications 

that reside on U.S. government networks must go through a formal SA&A before 

being put into production. This process has evaluated 514 controls on NCD’s 

network. 

• In FY 2018 and throughout FY 2019, NCD began the framing work so that 

personal identity verification (PIV) cards are activated for individuals who require 

access to NCD’s network. The PIV card will contain the necessary data for the 

cardholder to be granted to Federal facilities and information systems and assure 

appropriate levels of security for all applicable Federal applications.

• In FY 2019, NCD created a SharePoint platform to increase transparency, 

communication and implement additional cybersecurity mandates. The platform 

will continue development in FY 2020 and FY 2021.

• The Accountability for Tax Dollars Act requirement for an annual preparation and

audit of financial statements of smaller agencies was exempted by OMB as a 

cost savings for NCD and in recognition of the stewardship NCD had presented 

through ongoing unqualified audits. 

• In FY 2019, NCD will implement Managed Trusted Internet Protocol Service 

(MTIPS) which allows U.S. Federal agencies to physically and logically connect 

to the public Internet and other external connections in compliance with the 

Office of Management and Budget's (OMB) Trusted Internet Connection (TIC) 

Initiative. 

• In FY 2019, NCD implemented OpenFISMA, which provides a Web-based 

centralized repository to manage and track vulnerability reporting and 
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remediation activities. Users will log in to their role-based accounts to work 

through or oversee the compliance processes. 

• In FY 2020, NCD will implement Voice Over IP (VoIP) for internet and phone 

service.

• In FY 2019, NCD adopted an Authorization to Operate (ATO) which explicitly 

accepts the risk to agency operations.

• In FY 2019 throughout the beginning of FY 2020, NCD will complete a bi-annual 

audit to ensure all fiduciary duties were adhered during FY 2018 and FY 2019.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 5 

In FY 2021, NCD will continue to plan actions and milestones (POA&M) to track and fix 

security vulnerabilities. complete the Plan of Action (POAM) to ensure that all 

cybersecurity mandates are completed.

In FY 2021, NCD will continue to focus on the agency’s Continuity of Operations 

(COOP) to protect and secure the integrity of the agency and to preserve the work that 

is critical to the mission of the agency. 

NCD’s computer equipment was scheduled to refresh in FY 2020. Based upon 

availability of funding the agency will move forward with refreshing the equipment needs 

for the agency in FY 2021.

RESULTS OF OBJECTIVES FOR GOAL 6

GOAL 6 OBJECTIVES

Recruit, Retain, and Develop a Highly Qualified Professional Staff 

1. Enhance new staff orientation materials and process.

2. Perform a SWOT analysis and identify best practices from select agency projects 

from the prior fiscal year. 
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3. Identify training to support improvement in areas identified as weaknesses or 

signifying skills gaps by project analysis.

In FY 2019, NCD experienced the transition of a new congressionally appointed Council 

Member and contracted with a part-time personal attendant to provide attendant 

services to staff, members and guests of NCD with disabilities. NCD did not experience 

any turnover in full-time staff in FY 2019 however, the Director of Operations was 

appointed to serve the agency as the Executive Director and CEO in FY 2018 and 

remained in that appointment throughout FY 2019. As a result, the Executive Director 

and the AFO team continue to absorb the duties of the Director of Operations. This dual 

responsibility has saved the agency in personnel cost however it is a temporary solution 

to meet the immediate needs of the agency. 

Highlights of NCD’s results in Goal 6 objectives for FY 2019 include:

• NCD enhanced procedures to onboard new staff and members by providing an 

agency-wide orientation. In FY 2019, zero orientations were required due to no 

turnover in staff and one appointment that occurred at the end of the FY. The 

orientation process includes all staff and is continually reviewed for accuracy and 

updates. 

• Operational training has been incorporated into council meetings to ensure 

members and staff receive ongoing training on personnel and financial 

requirements. 

• To ensure ethical conduct of all staff and members, NCD partners with the U.S. 

Department of Education, Office of the General Counsel, Ethics Division to 

provide members and staff ethics training every FY. 

• In FY 2019, NCD partnered with GAO to evaluate hiring and retaining people 

with disabilities in the federal government. As a follow-up report to the GAO 
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report in 2012, GAO is evaluating ten agencies and has NCD as a model agency 

to assist in the process. 

• In FY 2019, NCD complied with all requests by EEO, pursuant to EEOC Policy 

Guidance on Executive Order 13164. NCD is a model agency, exceeding the 

goal of making the Federal government a model employer for people with 

disabilities.

PLANNED ACTIVITIES AND OBJECTIVES FOR GOAL 6 

In FY 2021, with adequate funding NCD will employ additional full-time staff to assist 

with meeting the critical mission of the agency. 

In FY 2021, NCD will continue to provide ethics training annually. 

NCD will continue review and revision of all administrative policies and procedures to 

ensure risk is mitigated.

The directors of NCD will continue to complete SWOT analyses to identify best 

practices from select agency projects from the prior fiscal year and identify training to 

support improvement in areas identified as weaknesses or signifying skills gaps by 

project analysis.

CROSS - AGENCY COLLABORATIONS

NCD’s policy advisement is often directed at other federal agencies, and it is vital that 

we maintain open communication and relationships with agencies across the 

government in furtherance of our research to policymakers and to also help close key 

feedback loops for agencies, by assisting them in hearing from people with disabilities 

across the country. Fostering such cross-agency relationships supports our strategic 

objective to develop policy recommendations and encourage collaboration. With each 

policy project, NCD shares our recommendations in advance with the agencies we are 

examining to ensure technical accuracy and strives to follow up with the same agencies 
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in assessing their implementation of our recommendations. In addition to these piecemeal federal agency collaborations, specific instances of ongoing cross-agency 

collaborations include the following:

INTERAGENCY COORDINATION

NCD, in executing its new responsibilities regarding ABLE implementation coordination, 

hosted three interagency meetings, with participation from the following agencies: 

• Office of Disability Employment Policy, U.S. Department of Labor

• Internal Revenue Service

• Social Security Administration

• Health Resources and Services Administration

• Office of Special Education and Rehabilitative Services, U.S. Department of 

Education

• Administration on Community Living, U.S. Health and Human Services

• Rehabilitation Services Administration, U.S. Department of Education

• Supplemental Nutrition Assistance Program, U.S. Department of Agriculture

• U.S. Department of Housing and Urban Development

• Centers for Medicare and Medicaid Services

• Federal Student Aid

FEDERAL EMERGENCY MANAGEMENT AGENCY

NCD drafted correspondence to the Administrator of FEMA which included multiple 

recommendations and a request for a meeting with the Administrator to discuss 

implementation. The recommendations were to improve data collection, support the 

amendments to Disaster Recovery Reform Act and current structuring of Regional 

Disability Integration Specialists. NCD met with Acting Administrator Gaynor in FY 2019

and was informed that FEMA had implemented the majority of the recommendations. 

NCD continues to collaborate with FEMA to update the language and improve ease of 

access to its Registration Intake Form for people with disabilities.
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DEPARTMENT OF STATE

In FY 2019, NCD met regularly with international delegations, at the request of the U.S. 

Department of State, to discuss federal disability civil rights laws, such as the 

Americans with Disabilities Act (ADA), as well as the history and structure of NCD as a 

disability advisory body within the Federal Government. This year, NCD met with 

representatives from France, Iceland, Finland, Botswana, Cameroon, Chad, Haiti, Mali, 

Niger, South Africa, and Togo. 

In FY 2019, NCD met with representatives of the Department of State to discuss staff’s 

experiences in providing reasonable accommodations to employees with disabilities, as 

a means of informing NCD’s potential Centralized Accommodation Fund policy 

recommendations.

DEPARTMENT OF LABOR

NCD continues to serve on the interagency Partners in Transition workgroup regarding 

increasing systems coordination to improve employment outcomes for young people 

with disabilities. The workgroup meets monthly, and this past year, NCD leveraged this 

group and their grantee networks to line up subject matter experts as panelists at its 

quarterly meetings.

In FY 2019, NCD met with representatives of the Department of Labor to discuss staff’s 

experiences in providing reasonable accommodations to employees with disabilities, as 

a means of informing NCD’s potential Centralized Accommodation Fund policy 

recommendations.

Also in FY 2019, NCD utilized the subject matter expertise of the Office of Disability 

Employment Policy staff to identify employment service providers who had made the 

transition from subminimum wage sheltered work models to competitive, integrated 

employment work models, and bring their stories to the attention of policymakers in the 

form of a congressional briefing on the topic. 
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DEPARTMENT OF TRANSPORTATION

In FY 2019, NCD met with representatives of the Department of Transportation to 

discuss staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential centralized accommodation fund 

policy recommendations.

NCD is a member of the Interagency Transportation Coordinating Council on Access 

and Mobility (CCAM). The Council was created to enhance access to transportation to 

improve mobility, employment opportunities, and access to community services for 

persons who are transportation disadvantaged. NCD was on the subcommittee which 

focused on interagency collaboration with a goal to strengthen interagency partnerships 

and collaboration with State, local, and industry groups. A strategic plan has been 

drafted and a CCAM meeting in FY 2020 will be convened in the hopes to adopt the 

strategic plan and determine appropriate next steps in implementation.

DEPARTMENT OF HOMELAND SECURITY

In FY 2019, NCD met with representatives of the Department of Homeland Security to 

discuss staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

NATIONAL LABOR RELATIONS BOARD

In FY 2019, NCD with representatives of the National Labor Relations Board to discuss 

staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

VETERANS AFFAIRS

In FY 2019, NCD met with representatives of Veterans Affairs to discuss staff’s 

experiences in providing reasonable accommodations to employees with disabilities, as 
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a means of informing NCD’s potential Centralized Accommodation Fund policy 

recommendations.

FEDERAL ENERGY REGULATION COMMISSION

In FY 2019, NCD met with representatives of the Federal Energy Regulation 

Commission to discuss staff’s experiences in providing reasonable accommodations to 

employees with disabilities, as a means of informing NCD’s potential Centralized 

Accommodation Fund policy recommendations.

FEDERAL TRADE COMMISSION

In FY 2019, NCD met with representatives of the Federal Trade Commission to discuss 

staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

ENVIRONMENTAL PROTECTION AGENCY

In FY 2019, NCD met with representatives of the Environmental Protection Agency to 

discuss staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

HEALTH AND HUMAN SERVICES

In early FY 2020, at the request of the Commissioner of the Administration on 

Disabilities, NCD provided several in-depth policy briefings on its bioethics report series, 

focusing in particular on findings and recommendations of particular interest to various 

offices and divisions of HHS. 

COURT SERVICES AND OFFENDER SUPERVISION AGENCY

In FY 2019, NCD met with representatives of the Court Services and Offender 

Supervision Agency to discuss staff’s experiences in providing reasonable 
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accommodations to employees with disabilities, as a means of informing NCD’s 

potential Centralized Accommodation Fund policy recommendations.

FEDERAL HOUSING FINANCE AGENCY

In FY 2019, NCD met with representatives of the Federal Housing Finance Agency to 

discuss staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

In FY 2019, NCD met with representatives of the Corporation for National and 

Community Service to discuss staff’s experiences in providing reasonable 

accommodations to employees with disabilities, as a means of informing NCD’s 

potential Centralized Accommodation Fund policy recommendations.

NATIONAL SCIENCE FOUNDATION

In FY 2019, NCD met with representatives of the National Science Foundation to 

discuss staff’s experiences in providing reasonable accommodations to employees with 

disabilities, as a means of informing NCD’s potential Centralized Accommodation Fund 

policy recommendations.

ADMINISTRATION ON COMMUNITY LIVING

Throughout FY 2019, NCD participated in the ACL Multi-Agency Task Force on 

Increasing Employment Opportunities for People with Disabilities, which is a group of 

agency representatives working on a National Action Plan to improve employment 

outcomes. NCD brings NCD’s report findings and recommendations regarding 

employment and poverty to bear in those task force meetings. NCD also met with the 

Administration on Disabilities to discuss ACL’s role in promoting awareness of the 

Achieving a Better Life Experience (ABLE) Act. 
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DISABILITY POLICY INTERAGENCY WORKING GROUP (DPG)

NCD leadership meets monthly with the DPG to ensure cross collaboration with other 

disability agencies focused on information sharing, best practices, and collaborative 

partnerships designed to make the Federal Government a model employer of people 

with disabilities.

Throughout fiscal year 2019, NCD also participated in the 898 Panel: Laws and

Regulations Subcommittee. Agencies represented on the subcommittee are the DOJ,

DOL and AbilityOne. The 898 Panel was created out of Section 898 of the National

Defense Authorization Act for Fiscal Year 2017. It directed the Secretary of Defense to

establish a Panel on Department of Defense and AbilityOne contracting oversight,

accountability and integrity.

Major Management Priorities & Challenges

Given NCD’s limited budget, we must be diligent in the planning and evaluation of all 

agency projects and work to ensure continual improvements. 

NCD has enhanced Operational and Programmatic Internal Controls and ensured 

compliance with financial regulatory and reporting requirements by entering into a 

Memorandum of Agreement (MOA) with the Department of Homeland Security (DHS)

and the Department of Defense (DOD) to secure America’s cyber networks. NCD 

entered into a MOA with the DHS, Office of Cybersecurity and Communications to 

ensure the deployment of EINSTEIN Cybersecurity capabilities. NCD is participating in 

the deployment of EINSTEIN Intrusion Prevention Security Services (IPSS) on its 

networks for network security purposes, to look for network traffic indicating known or 

suspected malicious cyber activity. 

NCD is committed to transparency, participation and collaboration. NCD encourages

participation from the public in determining policy priorities. Our past and current 

practice is to receive public comment at our quarterly council meeting in addition to 

public hearings and information sessions. In addition, NCD’s Public Affairs Specialist 
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has improved feedback channels through NCD’s social media accounts and traditional 

methods.

NCD establishes and maintains effective internal control and financial management 

systems that meet the objective of the Federal Manager's Financial Integrity Act. We 

conduct our assessment of the effectiveness and efficiency of internal control and 

ensure compliance with applicable laws and regulations in accordance with OMB 

Circular A-123, Management's Responsibility for Internal Control. Based on the results 

of this evaluation, we can provide reasonable assurance that our internal control over 

the effectiveness and efficiency of operations and compliance with applicable laws and 

regulations is operating effectively and no material weaknesses were found in the 

design or operation of the internal controls.

In FY 2019, NCD released five full length research reports. In FY 2020, we anticipate 

releasing eight full length research reports. Each of these research publications often 

involve outside contractual assistance. These full-length reports are fulsome research 

endeavors that entail a broad scope of policy consideration, and/or address an 

emerging topic or technology that NCD urges policymakers to consider. While NCD will 

continues to service the needs of policymakers and the disability community’s interests 

and publish full length research and policy reports each year, we are forced to 

reallocate money from this mission critical task to ensure we are in compliance with 

cybersecurity mandates. As a result, NCD is transforming the majority of its policy 

recommendations and research to a shorter brief format. This approach will attempt to 

be more responsive and timely to a congressional and Administration audience as well 

as save the agency contractual and print dollars. Our performance indicators will include 

the feedback we receive to the new format and approach by NCD’s core audience –

congressional and Administration policymakers and staff.

NCD’s management’s major priorities in FY 2020 and FY 2021 are to:

1. Thoughtfully assess agency workforce, workload, and workflow against the 

backdrop Executive Order and accompanying guidance (M-17-22);
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2. Ongoing review and updates to NCD’s internal control policies and procedures; 

3. Complete compliance with mandated cybersecurity protocols; and

4. Train, develop, and retain NCD’s existing exceptional workforce and do the same 

when filling existing vacancies.

5. Continue to practice and promote hiring of people with disabilities. 

An enduring management challenge is how best to approach the allocation of the 

agency’s limited financial and human resources. With a full-time career staff of eleven

and nine Council members balancing their service on NCD with their own full-time 

careers, and given the breadth of its mission, the scope of NCD’s engagement, policy 

development, and collaborative activities is necessarily limited. NCD’s modest budget 

figure and small workforce necessitates balancing and prioritizing stakeholder needs 

with available resources. 

Related to the allocation of resources, maintaining a continuity of workforce is both a 

management priority and challenge. Unlike the experience of a larger agency that can 

withstand numerous vacancies without immediate implication to mission 

accomplishment or the operational integrity of the agency, in an agency the size of 

NCD, even a single vacancy can create a palpable operational effect on the agency.

Additionally, with the extent of discrete responsibilities every federal agency faces, 

regardless of size, some individual NCD employees may be the sole individual 

responsible for and knowledgeable of how to complete particular tasks. This necessarily 

creates risk for which the agency must account and control. Therefore, employee 

retention, professional development, cross-training among employees, and thoughtful 

hires in the case of vacancies are clear management priorities at all times, as are 

persisting in efforts to seek opportunities to strengthen and add to the number of staff if 

possible. 

PLANNED ACTIONS TO ADDRESS PRIORITIES & CHALLENGES

In FY 2019, NCD continued to closely monitor areas that could present potential risk for 

the agency. In FY 2020 and FY 2021, NCD management will continue to pursue 
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opportunities to improve internal control policies and procedures and enhance program 

evaluation methods.

Throughout FY 2018 and FY 2019, NCD’s management team has spent considerable 

time understanding and pursuing compliance with all cybersecurity protocols. Given the 

absence of in-house expertise related to the requirements of the protocol and the lack of 

resources, it was necessary to shift resources from mission critical work to ensure our 

compliance with these mandates. The expenses associated with this compliance is 

further discussed in the budget justification section.

NCD management continues to emphasize cross-training among members of each 

team and required employees as a part of their annual performance plans to 

incrementally add and ultimately complete operational manuals to ensure an additional 

layer of risk mitigation with respect to task completion. NCD’s AFO team began work in 

FY 2018 on a SharePoint intranet to enhance agency coordination across teams and 

among the staff and Council. This project was rolled out into operation in FY 2019 and 

will continue testing, training and deployment in FY 2020.

Additional funding would support requirements to implement improvements to the 

efficiency and effectiveness of our operations in the following areas:

• IT Modernization, Data

• Accountability and Transparency

• Developing a Workforce for the 21st Century. 
OBJECTIVES BY TEAM

As outlined in the Performance Section, NCD’s staff is organized into three teams, each 

with its own director. NCD’s Policy / Legal (Policy) is the primary team responsible for 

the agency’s policy development activities. Policy personnel provides legal analysis and 

advice to the Council; regularly interacts with federal agencies; staffs the Council’s 

policy project committees; and researches and drafts many of its publications. The 

director of the Policy / Legal team also serves the agency as the General Counsel, 

providing advisement and oversight to the agency on all legal and ethical activities. 

NCD’s Legislative Affairs / Outreach (LAO) is the primary team responsible for the 

agency’s engagement activities. LAO regularly interacts with congressional member 

and committee offices and briefs them on NCD’s work; edits and publishes NCD’s 

publications; creates and manages content for the agency’s website; regularly interacts 

with NCD’s core constituency of Americans with disabilities; and organizes briefings and 

engagement opportunities. 

Strategic 

Objective

Goal 1 

Objective

New 

Disability 

Policy 

Advice 

Goal 2 

Objective

Proposed 

and 

Existing 

Federal 

Policies

Goal 3 

Objective

Engage 

Policymakers

Goal 4 

Objective

Subject 

Matter 

Expert 

Information

Support of 

All

Objectives

Goal 5 

Objective

Internal 

Controls of 

Operations 

and 

Programs

Goal 6 

Objective

Highly 

Qualified 

Career 

Staff

Oversight 

of All 

Objectives

Responsibility

by Team

Policy 

Team LAO Team AFO Team

Each 

Team 

Director

Executive
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NCD’s Administration / Finance / Operations (AFO) team provides critical Council and 

staff support in furtherance of both strategic objectives. AFO monitors the agency’s 

finances, information technology, human resources management and facility operations. 

The Executive Director and CEO provides critical oversight of all teams and monitors 

progress and performance in furtherance of both objectives and the agency’s mission 

accomplishment. These team / strategic objective relationships are noted in the table 

below.

BUDGET JUSTIFICATION

DESCRIPTION

FY 2019

Appropriation

FY 2020

Appropriation

FY 2021 

Request

BUDGET TOTAL

3,250,000 3,350,000 3,350,000

PERSONNEL

1,860,500 1,881,779 1,963,862

TRAVEL

280,725 303,124 292,000

RENT, UTILITIES 

AND 

COMMUNICATIONS

317,463 314,613 317,600

PROGRAM, 

RESEARCH AND 

PRINTING

241,500 244,000 170,000

TRAINING AND 

PROFESSIONAL 

ASSOCIATIONS

2,849 30,149 30,000

AUDIT

40,000 0 41,404
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COST DISCUSSION

The Council is requesting a total budget authority in FY 2021 of $3,350,000. 

The Council requested a total budget authority in FY 2019 of $3,250,000. 

In FY 2020, the Council was provided $3,350,000.

In FY 2019, the Council was provided with $3,250,000.

In support of the President’s vision, this budget request reflects NCD’s commitment to 

spend taxpayer dollars more efficiently and effectively while supporting National 

priorities to reduce deficits. 

NCD’s FY 2021 budget focuses on improving the ability to deliver mission critical 

outcomes. This budget reflects NCD’s efforts to enhance the federal workforce and 

support the President’s education policy. 

PAYROLL, 

ACCOUNTING AND 

HR SERVICES

122,500 122,500 122,500

SUPPORT 

CONTRACT 

SERVICES

155,050 145,500 130,000

INFORMATION 

TECHNOLOGY 

134,927 205,085 173,934

PAYMENTS TO 

FEDERAL 

AGENCIES

9,000 6,650 9,000

SUPPLIES, 

SUBSCRIPTIONS 

AND MATERIALS

52,986 63,100 66,200

ANTI-DEFICIENCY

32,500 33,500 33,5000
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NCD is positioned to do the full scope of work in FY 2021 with eleven full-time career 

staff and nine part-time congressionally and presidentially appointed Council Members.. 

NCD is committed to fulfil the mission critical objective of advising the President, 

Congress, and other federal agencies regarding federal policies’ impact on people with 

disabilities in the most efficient manner possible.

ANALYSIS OF RESOURCES

PERSONNEL

FY 2019 $1,860,500

FY 2020 $1,881,779

FY 2021 $1,963,862

For FY 2019, NCD’s budget supported 9 Council members and 11 staff (FTEs). The 11 

FTEs consist of an Executive Director and 10 permanent staff. NCD was not fully 

staffed throughout FY 2019. Obtaining and maintaining full time federal staff is critical 

to fulfillment of the agency’s mission, as noted in the Major Management Priorities and 

Challenges narrative. NCD continues to have one vacant position and the need for 

several additional positions. 

Our FY 2020 budget supported maintaining the current slate of employees, regularly 

scheduled performance increases per OPM policy and associated benefits. Benefits 

have been calculated based on our experience with the benefit packages employees 

have chosen in the past. 

Our FY 2021 budget supports 9 Council members and 11 staff (FTEs). If additional 

funds are available NCD would add additional FTEs. The personnel total includes 

regularly scheduled performance increases per OPM policy and associated benefits. 
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Benefits have been calculated based on our experience with the benefit packages 

employees have chosen in the past.

Staffing needs to support the mission of the agency are detailed in Appendix B.

TRAVEL

FY 2019 $ 280,725

FY 2020 $ 303,124

FY 2021 $ 292,000

The largest portion of our travel budget is devoted to the cost of fulfilling NCD’s statutory 

requirement to conduct public meetings no less than four times each year. All Council 

members and staff are reimbursed in accordance with federal per diem regulations. 

In conjunction with policy development or engagement activities, at times, NCD 

convenes policy forums to gather or provide expert information. On these occasions, 

NCD may extend invitations to subject matter experts whose travel-related expenses 

NCD covers (airfare or train, lodging, per diem, and disability accommodations if 

applicable). 

For FY 2019, NCD’s budget supported travel related to the cost of fulfilling NCD’s 

statutory requirement to conduct public meetings no less than four times each year. 

These costs also included additional resources to promote and host ABLE information 

sessions. 

For FY 2020, NCD’s budget request supports quarterly meetings by telephone to 

maximize the agency’s resources. Due to the variety of disability accommodations 

necessary for our Council Members and staff to participate fully, telephone conferences 

are not an ideal medium for meetings as they have a practical impact on the ability of 

the Council Members to conduct its usual agenda of business, thus we limit the agenda 

for that meeting. Additionally, telephone conferences curtail our ability to encourage 

public input and participation. 
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For FY 2021, NCD is hopeful that the appropriated budget will support travel related to 

the cost of fulfilling NCD’s statutory requirement to conduct public meetings no less than 

four times each year in addition to the continuation of hosting ABLE information 

sessions, policy briefs and to continue the goal of increasing community input and 

participation, recognizing the need for outreach to the disability community to maximize 

the impact on the ability of the Council to fulfill the agency’s mission.

RENT, UTILITIES AND COMMUNICATIONS

FY 2019 $ 317,463

FY 2020 $ 314,613

FY 2021 $317,600

NCD currently leases office space from the General Services Administration. Our lease 

expires August 21, 2021. Costs are attributable to the operational costs and real estate 

taxes per the occupancy agreement. 

With the majority of staff being people with disabilities, and as the federal voice of the 

over 56 million Americans with a wide variety of disabilities, NCD utilizes several 

communication methods to facilitate the work of and between NCD members and staff, 

as well as to engage with stakeholders. 

For FY 2019, NCD’s budget supported office space and communication methods 

related to the cost of fulfilling NCD’s mission and statutory requirement to conduct public 

meetings no less than four times each year. 

For FY 2020, NCD’s budget request supports office space and communication methods 

related to the cost of fulfilling NCD’s mission and statutory requirement to conduct public 

meetings no less than four times each year. 
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NCD renewed its lease For FY 2021, NCD’s budget request supports the increase in 

leasing fees for office space and communication methods related to the cost of fulfilling 

NCD’s mission and statutory requirement to conduct public meetings no less than four 

times each year. NCD anticipates increased cost to update our antiquated telephone

system. The ability to remain at the current location, which is accessible for people with 

disabilities was the motivation for renewing the existing lease. 

PROGRAM, RESEARCH AND PRINTING

FY 2019 $ 241,500

FY 2020 $ 244,000

FY 2021 $ 170,000

To reduce costs, NCD has streamlined our report editing and printing processes using 

several Government Publishing Office (GPO) federal programs that negotiate the best 

prices for government customers. 

In recent time, NCD has begun to rely more heavily on the in-house expertise of its staff 

to produce its policy projects. However, this is becoming a challenge due to unmet 

staffing needs. NCD’s policy priorities are established by appointed Council members 

who represent the disability community. The Council members receive public comments 

and engage the agency’s stakeholders throughout the year and propose and determine 

projects based upon the goals and objectives outlined in NCD’s strategic plan. Policy 

reports, working groups, white papers and projects may at times enlist the support of 

outside individuals and groups who possess subject matter expertise not available on 

NCD’s staff or Council or who possess data sets NCD needs to produce its reports. 

For FY 2019, NCD’s budget supported policy projects relative to fulfilling the mission of 

the agency. 

For FY 2020, NCD’s budget will support policy projects relative to fulfilling the mission of 

the agency. 
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For FY 2021, NCD’s budget will support policy projects relative to fulfilling the mission of 

the agency. 

AUDIT

FY 2019 $ 40,000

FY 2020 $ 0

FY 2021 $ 41,404

NCD solicits an outside vendor to conduct a biennial financial audit of our internal 

operations. The annual audit reviews the Council's internal control over financial 

reporting in compliance with OMB audit guidance for expressing an opinion on financial 

statements in line with the agency’s annual Performance and Accountability Report.

For FY 2020, as part of NCD’s reform plan and allowed per the Accountability for Tax 

Dollars Act requirement for an annual preparation and audit of financial statements of 

smaller agencies was exempted by OMB. NCD was granted this exemption in 

recognition of the stewardship NCD had presented through ongoing unqualified audits. 

PAYROLL, ACCOUNTING AND HR SERVICES

FY 2019 $ 122,500

FY 2020 $ 122,500

FY 2021 $ 125,000

NCD contracts with the General Services Administration (GSA) Commissions and 

Boards (CABS) and Office of the Chief Financial Officer (OCFO) for accounting, payroll 

and financial service provision. Through these interagency agreements, NCD receives 

support to complete payroll, accounting, human resource services and legal 

consultation. These contracts facilitate smooth operations at NCD and assists in fulfilling 

federal requirements. 
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For FY 2019, NCD relied heavily on service providers due to lack of staff resources to 

fulfill these duties. 

For FY20, NCD will investigate alternate providers to enhance services and reduce 

cost. NCD will also invest in current personnel to enhance the expertise of full-time staff 

within NCD. 

For FY 2021, NCD anticipates increased costs with reduced services due to attrition in 

cost. NCD utilizes service providers, as needed, but with enough resources would

assign these responsibilities to FTE’s. 

SUPPORT CONTRACT SERVICES

FY 2019 $ 155,050

FY 2020 $ 145,500

FY 2021 $ 130,000

Many of the staff and Council members are people with a variety of disabilities. NCD 

provides accommodations for employees with disabilities during work hours and at NCD 

meetings and events as requested. 

For FY 2019, NCD’s budget supported contractual services based upon the needs of 

the agency, staff and members. In recognition of and in response to NCD being a model 

agency with a combined council and staff representing 84% people with disabilities,

NCD entered into a part-time contract to provide personal attendant assistance to staff, 

council members and guest of NCD. 

For FY 2020, NCD’s budget supports contractual services based upon the needs of the 

agency, staff and members. In recognition of and in response to NCD being a model 

agency with a combined council and staff representing a majority of people with 

disabilities. 
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For FY 2021, NCD’s budget supports contractual services based upon the needs of the 

agency, staff and members. In recognition of and in response to NCD being a model 

agency with a combined council and staff representing a majority of people with 

disabilities. 

INFORMATION TECHNOLOGY (IT)

FY 2019 $ 134,927

FY 2020 $ 285,085

FY 2021 $ 173,934

As a small agency, NCD secures outside support to assist in meeting the agency’s IT 

and cybersecurity requirements. Expenses peaked in FY 2018 because of new federal 

requirements such as the EINSTEIN cybersecurity initiative. NCD had a part-time 

contractor assist with these mandates. 

For FY 2019, the funds reflected here are to cover contractor costs and day-to-day IT 

and cybersecurity mandates. 

For FY 2020, expenses continue to increase to ensure security of our networks. NCD 

has a part-time contractor assisting with these mandates. NCD is committed to ensure 

compliance with all cybersecurity and FISMA mandates. 

For FY 2021, funds reflect expense associated with day-to-day IT and cybersecurity 

requirements. NCD is committed to ensure compliance with all cybersecurity and 

FISMA mandates. 

Funds needed to ensure compliance to support the agency’s compliance with IT and 

cybersecurity mandates are detailed in Appendix A.

PAYMENTS TO FEDERAL AGENCIES
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FY 2019 $ 9,000

FY 2020 $ 6,650

FY 2021 $ 9,000

As a small agency, NCD secures interagency agreements with other federal agencies 

for technical functions such as job postings, procurements, and security services. 

Utilizing interagency agreements in this way assists NCD in fulfilling federal 

requirements by providing NCD with subject matter expertise not required on staff for 

agency mission fulfilment.

Costs are relative to the anticipated needs of the agency during each fiscal year in 

addition to the agency’s decision to utilize fee-for-service expertise. 

SUPPLIES, SUBSCRIPTIONS AND MATERIALS

FY 2019 $ 52,986

FY 2020 $ 63,100

FY 2021 $ 66,200

NCD utilizes professional periodicals, subscriptions, technical publications and services 

to stay informed of policy developments, conduct legal and other research, and access 

federal directories in furtherance of its mission. These resources are essential to meet 

the critical mission for NCD operations. 

As a micro agency, NCD is a good steward of federal funds and utilizes a very small 

budget for office supplies, furniture and general supplies each year.

Costs are relative to the anticipated needs of the agency during each fiscal year. 

ANTI-DEFICIENCY 

FY 2019 $ 32,500

FY 2020 $ 33,500
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FY 2021 $ 34,500

NCD reserves a percentage of our annual appropriated budget for unanticipated 

expenses and to ensure the agency does not exceed available funds. 
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Appendix A

COSTS OF IMPLEMENTING FEDERAL CYBERSECURITY REQUIREMENTS

In FY 2018 and FY 2019, NCD’s IT costs increased 2.5 times the previous FY 2017 

level, with $442,959 budgeted to ensure compliance with DHS’s EINSTEIN 

cybersecurity initiative – 7% of NCD’s entire annual budget. This necessitated a 

reduction in mission critical work for the agency. 

The total for FY 2018 and FY 2019 includes the costs of contract staff, refresh of 

equipment, and implementation of Managed Trusted Internet Protocol Service (MTIPS), 

which is mandated so federal agencies can connect to the public Internet and other 

external connections in compliance with the Office of Management and Budget's (OMB) 

Trusted Internet Connection (TIC) Initiative. We mention these costs simply to highlight 

the very practical challenges to a small agency of government-wide requirements, when 

cost curves don’t necessarily bend in relation to the size of the agency and with the 

hope that any future initiatives may consider provision of single-year funds to assist the 

smaller and micro agencies in complying with clearly meritorious initiatives such as the 

EINSTEIN cybersecurity protocols. Funds will also be used to provide annual security 

network maintenance for the Continuous Diagnostics and Mitigation Cybersecurity 

program.

In FY 2021, the cost to implement improvements to the efficiency and effectiveness of 

our operations in the area of IT Modernization is summarized below. 

Service Cost Description

IT Support Services & 

Cyber Security

$400,000 Operations, maintenance, remote IT 

security, VoIP, Helpdesk, remediation, 

continuous monitoring

Firewall $10,000 Unified threat management system 

maintenance

TIC/MTIPS $75,000 OMB/DHS mandate for cybersecurity 

compliance
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VoIP / ISP $85,000 Secure internet and phone service

COOP $20,000 Continuity of Operations in a secure 

environment

ATO $45,000 Authority to Operate Assessment

Total Amount Needed: $635,000
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Appendix B

STAFFING NEEDS TO SUPPORT THE MISSION OF THE AGENCY

Since NCD’s inception and its original statutory charge to review and advise on laws 

and policies impacting people with disabilities, numerous amendments to existing civil 

rights laws as well as the passage of new laws has vastly expanded the scope of NCD’s 

work, and yet, the NCD workforce has remained level for several years. In this year’s 

budget request, NCD requests funds to add additional staff and to assist in developing a 

workforce for the 21st century. 

Given NCD’s charge to review and advise on existing and proposed laws and policies 

and given the large and growing number of laws and policies for all people with 

disabilities, regardless of age or severity of disability, it has become a monumental task 

for NCD to fulfill the demands to support the mission of the agency with existing 

personnel in a cost-effective manner. The workload for existing staff has continually 

increased, with several staff completing assignments that equal the workload of multiple 

positions.

NCD is committed to support the personnel needs of the agency, produce robust policy 

research and analysis in broad-ranging disability policy areas and enhance NCD’s 

ability to offer timely research to policymakers on a wide-ranging spectrum of topics. 

NCD is committed to ensure engagement and follow-up with appropriate officials within 

the Administration and Congress of NCD’s research findings and recommendations. 

Despite NCD’s small size, the agency must comply with most all of the requirements 

placed on much greater-resourced agencies, including the recent heightened 

cybersecurity requirements. The financial demands of mandated requirements have the 

potential to compromise the agency’s ability to complete the work that is critical to the 

mission of the agency, the federal government and the disability community. To ensure 

the safety and security of the government’s network, the demand for resources to 

support the mandated requirements for compliance are ongoing for the foreseeable 

future. 
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NCD is committed to developing a workforce for the 21st Century and work toward IT 

modernization, including compliance with cybersecurity mandates. 

NCD is committed to enhance the agency’s workforce and provide focused review and 

analysis of the president’s priorities in education, transition and workforce. 

NCD is committed to executing the mission-critical work as well as compliance with 

mandatory federal requirements to ensure efficiency of operations as we advise this 

Administration on the effectiveness of policies and the impact on people with disabilities.