National Council on Disability 

Budget Justification 

Fiscal Year 2024 

 

National Council on Disability (202) 272-2004 Voice

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

Washington, DC 20004 

www.ncd.gov
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INTRODUCTION FROM THE CHAIRMAN 

The National Council on Disability (referred to herein as “NCD” or “the Council”) is an 

independent, nonpartisan federal agency that provides the President, his Administration, 

the U.S. Congress and the heads of federal agencies with timely analysis and 

recommendations to advise policy development, revision, implementation, and 

enforcement efforts to enhance the quality of life for all Americans with disabilities and their 

families. The Council’s purview is expansive and not limited to a single disability 

subpopulation, age, or topic matter. Accordingly, our research traverses a true diversity of 

issues, attempting always to be timely in response to current events as well as in 

anticipation of emerging concerns of people with all types of disabilities throughout the 

United States and in our territories. 

The Council presents this budget justification for FY24, requesting a total budget authority 

of $4,000,000. These resources will be applied to the furtherance of our mission to advise 

the President, Congress, and other federal agencies regarding federal policies and the 

impact on people with disabilities. 

As we present this year’s budget justification, as it was during our prior year submission, 

the challenges affecting people with disabilities throughout the country and in our territories 

remain formidable and exacerbated due to the global pandemic – a pandemic that has 

disproportionately affected the health and well-being of persons with disabilities, who 

remain vulnerable to the extreme effects of the virus given decades of neglect in 

meaningfully addressing the chronic and profound health disparities between persons with 

disabilities and those without, and decades of neglect in addressing systemic and 

pervasive barriers to accessible healthcare. 

It is for those reasons that the Council’s focus during Fiscal Year 2024 will remain in large 

part on addressing healthcare barriers and the breadth of issues associated therewith. And 

in view of Executive Order 13990, “Protecting Public Health and the Environment and 

Restoring Science to Tackle the Climate Crisis;” and Executive Order 14030, “ClimateRelated Financial Risk” which directed agencies to take a whole-of-Government approach 

to increase resilience to the impacts of climate change and protect public health, NCD 
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intends to release and brief on a report that addresses the impacts of extreme weather 

events on the lives of people with disabilities, advising Congress and the Administration on 

how they can effectively take a whole-of-government approach to addressing those 

impacts. 

Throughout all the work we undertake, we will endeavor to work closely and collaboratively 

with federal partners and legislators on commitments expressed in the President’s 

disability plan, even as we always advise for even greater efforts. 

Our budget submission for Fiscal Year 2024 facilitates the Council’s ability to continue to 

address pressing issues confronting people with disabilities in the form of advice and 

counsel to policymakers, and in so doing, serve as the voice of people with disabilities 

within the Federal Government. 

Respectfully, 

Andrés J. Gallegos 

Chairman 
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TABLE OF CONTENTS 

AGENCY OVERVIEW .......................................................................4 

COUNCIL STRUCTURE ....................................................................6 

ORGANIZATIONAL STRUCTURE.......................................................8 

PERFORMANCE..............................................................................8 

OBJECTIVES, STRATEGIC RESULTS & PLANNED ACTIVITIES.............9

Goal 1 – Develop new disability policy recommendations with a 

particular emphasis on issues of healthcare equity, employment, 

and the inclusion of traditionally underserved communities. 

Goal 2 – Review and analyze both proposed and existing federal 

policies’ impact on people with disabilities. 

Goal 3 – Engage policymakers of both the Administration and 

Congress and respond to their requests for assistance 

accurately and efficiently. 

Goal 4 – Gather information from subject matter experts and 

members of the disability community both of Washington, DC, 

and nationally, to help inform policymakers’ work. 

Goal 5 – Enhance agency operational and programmatic internal 

controls to effectively service execution of statutory duties. 

Goal 6 – Recruit, retain, and develop a highly qualified 

professional staff in order to effectively service execution of 

statutory duties. 

CROSS-AGENCY COLLABORATION..................................................36 

BUDGET..........................................................................................38 

APPENDIX A. COST DISCUSSION.......................................................39 

APPENDIX B. ANALYSIS OF RESOURCES...........................................40 

APPENDIX C. ORGANIZATIONAL CHART.............................................47 

APPENDIX D. MANAGEMENT PRIORITIES AND CHALLENGES..............48 
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AGENCY OVERVIEW

Agency Mission 

The mission of the National Council on Disability is to be a trusted advisor regarding 

the impact of federal policies on the lives of people with disabilities to the President, 

U.S. 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. 

The National Council on Disability (referred to herein as “NCD” or “the Council”) 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. Our purview is not limited to a set policy area or 

subgroup of disabled Americans, so our advice is not siloed at the exclusion of others’ 

interests. The Council provides advice that thoughtfully considers the diverse needs of our 

core constituency, which varies greatly by type and severity of disability. NCD is critical in 

preserving and strengthening the impact of the Americans with Disabilities Act (ADA) in 

our nation’s policies and programs. The Council is inextricably intertwined with the ADA 

and its history. 

First established as an advisory council within the Department of Health, Education, and 

Welfare in 1978, and then placed within the Department of Education, NCD became an 

independent federal agency in 1984. The Rehabilitation Act Amendments of 1984 (Public 

Law 98-221) transformed the National Council on Disability into an independent agency 

and required NCD to provide advice to Congress and the Administration. In 1986, NCD 

recommended enactment of an Americans with Disabilities Act (ADA) and drafted the first 

version of the bill which was introduced in the House and Senate in 1988. Since enactment 

of the ADA in 1990, NCD has continued to play a leading role in crafting disability policy, 

and advising the President, Congress and other federal agencies on disability policies, 

programs, and practices. Changes were also made to the Council by the Rehabilitation Act 

Amendments of 1992 and 1998, the Education of the Deaf Act Technical Amendments of 
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1993, and most recently, by the Workforce Innovation Opportunity Act (WIOA) of 2014 

(Public Law 113-128). 

Upon its establishment as an independent agency, Congress charged NCD with a new 

mandate to review all existing federal policies and programs. Two years later, the Council 

delivered on that charge with its path breaking report, Toward Independence, which called 

for enactment of a federal disability civil rights law. The Council later offered the first draft 

of that civil rights law in 1988. After President George H.W. Bush signed the ADA into law, 

the mission of the Council was 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 

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

resources. In FY 2022, the Council had a $3.5 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...” 
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COUNCIL STRUCTURE 

The governing body of the Council is comprised of nine members (five presidential and 

four congressional appointees), including a Chair, whom the President designates; and a 

Vice-Chair, appointed 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 may serve a three-year 

term, with the possibility of a second term. Council members serve until a replacement 

appointment occurs; therefore, terms can extend beyond six years. 

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

and serve 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 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. By statute, a 

majority of the members of the Council are to be people with disabilities and are to be 

broadly representative of minority and other individuals and groups. Currently, eighty-nine 

percent of the current council members are people with disabilities. Eighty-two percent of 

full-time staff are people with disabilities. 

Every year, the Council and staff propose and advance new policy projects based upon 

current events, national trends, respective areas of expertise, suggestions from 

policymakers, and anticipated legislative reauthorizations or regulatory activities. The 

Council deliberates and ultimately votes on upcoming priorities. In response to the vote, 

and in consideration of the Council’s budget, statements of work are developed to 

undertake the research approved by the Council. 

To fulfill the mission of the National Council on Disability, the Chair appoints members to 

advise on commissioned policy priorities within a subcommittee structure. These 

subcommittees are comprised of no more than four council members and a full-time 

professional staff member who manages the work of the project, drafts portions of policy 
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advice based upon council members’ 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, professional staff 

work with a professional editor on final edits and report layout before dissemination of the 

final report, including its policy recommendations to the President, Congress, other federal 

agencies and all interested parties. 

When opportunities or circumstances warrant immediate response to proposed legislation 

or regulations, including when the Council is requested directly by policymakers for such 

input, the Council provides brief, nimble responses based upon the Council’s existing body 

of research and recommendations to ensure the needs of people with disabilities are 

discussed and included present in new legislation and policies. 

The Council’s vote is required to approve the Council’s annual budget and spending plan 

as well as all published research, papers, and formal opinions published in the name of the 

Council Members, except that the requirement of a vote for changes to the budget may be 

suspended consistent with the powers of the Executive Committee. Professional staff 

provides a status of funds and updates on policy projects to the Executive Committee 

approximately monthly. The Council is provided updates no less than once per quarter as 

part of the quarterly business meetings of the Council. 

In addition to projects that the Council votes to commence during the budget cycle, NCD 

continues to brief and advise on past work and meet with policymakers to ensure that 

NCD’s recommendations are known and understood. 

NCD is a respected resource within the Federal Government and beyond on all disability 

policy issues. 
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ORGANIZATIONAL STRUCTURE 

The bylaws of the Council delegate the power, authority, and responsibility to the executive 

director to supervise and direct the day-to-day business and management of the Council, 

including decision-making processes and allocation of staff resources to assist 

presidentially and congressionally appointed members in fulfilling their duty to advise on 

policy priorities that will improve the lives of all Americans with disabilities. 

A small, dedicated full-time staff support the work of the council members, with its physical 

office located in Washington, DC. The executive director is responsible for hiring technical 

and professional employees to assist the Council to carry out its duties and is accountable 

for assignment of staff duties. (See Appendix C, Organizational Chart). 

The duties of the professional staff include: 

 Analyzing federal laws, regulations, programs, policies, and case law precedent; and 

proposing and developing policy positions that have a national, state and international 

impact on the lives of people with disabilities; 

 Monitoring congressional activity on issues critical to the disability community and 

cultivating and maintaining effective working relationships with stakeholders at the 

federal, state, and local levels; and 

 Providing critical staff support and monitoring the Council's finance and accounting, 

information technology, and human resources management. 

PERFORMANCE 

STRATEGIC FRAMEWORK, FISCAL YEAR 2022 – 2026 

The Council’s budget submission is submitted for the second fiscal year of its five-year 

strategic plan. The plan seeks to reflect goals and objectives approved by the Office of 

Management and Budget and prioritized by the Council’s constituency to focus on the 

most pressing needs of the disability community in furtherance of the goals of the 

Americans with Disabilities Act; optimize operational efficiency and accountability; and 
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pursue mission-critical activities consistent with the Administration’s priorities and 

directives. 

The Council evaluates its progress towards fulfillment of its goals and objectives by 

conducting program evaluations prior to implementation – formative needs evaluation, 

periodically and ad hoc; formative process evaluation; and at the end of each, summative 

outcome and impact evaluation. 

OBJECTIVES, STRATEGIC RESULTS AND PLANNED ACTIVITIES 

NCD has a unique mission among federal agencies as it is charged with reviewing all 

programs and policies across the Federal Government, not merely one aspect of policy 

affecting people across all types of disabilities or all policy areas affecting only one 

subpopulation of people with disabilities. With that unique and far-reaching mission in 

mind, the Council’s strategic goals for FY 2022 – 2026 include the following: 

• Goal 1 – Develop new disability policy recommendations with a particular emphasis 

on issues of healthcare equity, employment, and the inclusion of traditionally 

underserved communities. 

• Goal 2 – Review and analyze both proposed and existing federal policies’ impact on 

people with disabilities. 

• Goal 3 – Engage policymakers of both the Administration and Congress and 

respond to their requests for assistance accurately and efficiently. 

• Goal 4 – Gather information from subject matter experts and members of the 

disability community both of Washington, DC, and nationally, to help inform 

policymakers’ work. 

• Goal 5 – Enhance agency operational and programmatic internal controls to 

effectively service execution of statutory duties. 

• Goal 6 – Recruit, retain, and develop a highly qualified professional staff in order to 

effectively service execution of statutory duties. 

 
Page 10 of 52

GOAL 1 

OBJECTIVES, STRATEGIC RESULTS AND PLANNED ACTIVITIES 

GOAL 1: Develop new disability policy recommendations with a particular emphasis 

on issues of healthcare equity, employment, and the inclusion of traditionally 

underserved communities. 

1. Develop recommendations that help foster healthcare equity and accessibility for 

people with disabilities in a manner consistent with self-determination through a series 

of health equity legislative proposals or a combination of executive, administrative, or 

legislative action. 

2. Develop recommendations that enhance equal opportunity for people with disabilities to 

achieve economic self-sufficiency through the elimination of the Medicaid benefits cliff 

and a national Medicaid buy-in program. 

3. Provide recommendations that promote job growth for people with disabilities through 

the Small Business Administration (SBA) 8(a) Business Development Program. 

4. Develop recommendations to address the concerns and issues uniquely associated 

with people with disabilities within tribal communities. 

5. Develop recommendations to address the disparate treatment of citizens with 

disabilities residing in Puerto Rico (and disabled citizens in other U.S. territories) under 

certain federal programs in contrast to their counterparts residing on the mainland. 

6. Develop recommendations to improve Home and Community Based Services and 

transition from institutionalized settings to community living for people with disabilities 

based on widespread deaths of institutionalized people with disabilities during the 

COVID-19 pandemic. 

7. Develop recommendations to advance the testing and use of alternatives to the Quality 

Adjusted Life Year (QALY) in valuing prescription drugs and other healthcare 

interventions. 

8. Provide recommendations to ensure that federal college crime surveys include 

disability as a demographic. 

9. Develop recommendations regarding inclusion of people with disabilities in clinical 

trials. 

10. Develop recommendations regarding federally imposed income and asset limitations 

imposed on people with disabilities. 
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11. Develop recommendations on the ethical advancement of fetal medicine and genetic 

technology. 

12. Develop a financial “score” for what it would cost the Federal Government if people with 

I/DD in the US were designated as a medically underserved population (MUP) under 

the Public Health Service Act. 

13. Develop recommendations to address the legal implication of a long-standing tax 

exemption for people with disabilities working in congregate settings (or sheltered 

workshops) which creates dueling classifications that conflict and undermine other 

federal employment laws regarding the employment status of people with disabilities, 

the work they perform, and the compensation they receive. 

14. Develop recommendations to address the persistent barriers to full integration for 

people with disabilities, including airline travel and wheelchair securement systems. 

 
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In furtherance of Goal 1, the Council accomplished the following in FY 2022: 

 Continued to update and amend NCD’s Health Equity Framework to reflect information 

gleaned from ongoing stakeholder engagements; and meet and discuss the framework 

with the National Institute on Minority Health and Health Disparities; the Joint 

Commission; Liaison Committee on Medical Education; the Agency for Healthcare 

Research and Quality; Health Resources and Services Administration; the 

Administration on Community Living; the National Institute on Disability, Independent 

Living, and Rehabilitation; the Administration for Community Living; the Centers for 

Medicare and Medicaid Services; and others. 

 As requested, provided technical assistance and suggestions for improvement on 

proposed bill language to several congressional offices contemplating pursuit of 

legislation on an array of topics. 

 Advised the Small Business Administration on adding people with disabilities to the 

groups that are presumptively eligible to participate in the SBA’S 8(a) business 

development program. 

 Completed a research report on the weaknesses in home- and community-based 

services (HCBS) and barriers to transition of people with disabilities to community 

living, highlighting the serious deficiencies that contributed to the disproportionate 

amount of deaths of people with disabilities living in institutionalized settings during the 

COVID-19 pandemic. 

 Completed a research brief on value assessment methods for use in healthcare that do 

not rely on the QALY or that apply it in a manner that lessens its discriminatory 

aspects/effects on people with disabilities and chronic illnesses. 

 In addition, several House and Senate offices relied on NCD’s policy advice related to 

healthcare in requests they sent to the House and Senate Labor, HHS, and related 

agency Appropriations subcommittees, which are reflected in the Committee report 

language1, including: 

1 https://www.congress.gov/117/crpt/hrpt403/CRPT-117hrpt403.pdf 
Page 13 of 52

From Enforceable Accessible Medical Standards: The Committee is aware of a 

recent NCD report entitled “Enforceable Accessible Medical Equipment 

Standards—A Necessary Means to Address the Health Care Needs of People with 

Mobility Disabilities,” which identified inaccessible medical equipment among the 

reasons for the susceptibility of people with disabilities to experience substandard 

health care, citing numerous studies documenting access barriers involving medical 

equipment and the health disparities experienced by millions of people with 

disabilities. NCD raised concerns that people with physical disabilities often 

postpone or delay care due to the inability to get onto exam tables and other 

diagnostic equipment and have to search for facilities that have such equipment. 

Relatedly, NCD has recently advised Congress and the Administration regarding 

the nexus between the lack of disability clinical care training for health care 

professionals and the well-documented health disparities experienced by people 

with disabilities. Accordingly, the Committee strongly encourages the Centers for 

Medicare and Medicaid Services to require disability clinical care training and the 

availability of accessible medical and diagnostic equipment into its conditions of 

participation for Part A and Part B providers. 

 

From NCD’s Health Equity Framework: The Committee strongly encourages the 

Secretary, acting through the Health Resources and Services Administration, to 

implement 42 U.S.C. 293(e), to develop a grant-based program in collaboration with 

the NCD, professional societies, licensing and accreditation entities, health 

professions schools, and experts in minority health and cultural competency, 

prevention, and public health and disability groups, and community-based 

organizations to expand upon the National Initiative In Developmental Medicine: 

Draft Curriculum, which targets a patient population of adults with intellectual and 

developmental disabilities, to include disability clinical care competency training 

inclusive of all disability patient subpopulations (e.g. Deaf, blind, mobility disabilities, 

etc.). 

From The Danger of Physician Assisted Suicide Laws: The Committee strongly 

encourages the HHS Office of Civil Rights (OCR) to clarify that all HHS suicide 

prevention grants and services must comply with existing disability rights laws, 
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including the ADA, and Sections 504 and 508 of the Rehabilitation Act, including the 

provisions requiring accessible communications, so that all videos, documents, and 

other products ensure access to persons with disabilities. In addition, the 

Committee encourages OCR to recommend that hospitals create a disability 

ombudsperson position who is authorized to facilitate communication between 

healthcare providers and patients with disabilities or their proxies and advocate on 

the patient’s behalf, when required, to ensure that all clinical and LTSS options and 

choices are made available. 

In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

 Advise policymakers on the need to include people with disabilities in clinical trials. 

 Advise policymakers on the barriers imposed on people with disabilities as a result of income 

and asset limitations in federal program and benefit eligibility requirements. Advise 

policymakers on the rapidly advancing field of fetal medicine and genetic technology 

and the implications for people with disabilities.

GOAL 2 

OBJECTIVES, STRATEGIC RESULTS and PLANNED ACTIVITIES 

GOAL 2: Provide perspectives and analysis on existing federal policies’ impact on 

people with disabilities. 

1. Provide findings and recommendations regarding disaster and healthcare emergency 

relief planning and responses with respect to the rights of people with disabilities. 

2. Provide recommendations concerning proposed policies of healthcare equity. 

3. Provide recommendations concerning proposed policies of pandemic preparedness, 

including how home and community-based services HCBS have been impacted. 

4. Provide analysis and recommendations concerning economic opportunities for people 

with disabilities. 
Page 15 of 52

5. Provide recommendations concerning an increase in the oral health Medicaid 

reimbursement rate for people with intellectual and developmental disabilities as a 

means of saving costs long-term. 

6. Provide recommendations concerning civil rights enforcement. 

7. Advise policymakers on specific tax exemptions that prevent people with disabilities 

from attaining employment for federal employment tax purposes. 

8. Provide analysis and recommendations on the need to include people with disabilities 

in clinical trials. 

9. Provide analysis and recommendations regarding the impact of income and asset 

limitations imposed on people with disabilities through federal program and benefits 

eligibility requirements. 

In addition to the projects that the Council approves for commencement of work and 

dissemination in Fiscal Year 2024, the Council continues to disseminate its work and meet 

with policymakers regarding its existing reports and position letters that address proposed 

and existing legislation. For example, in FY22, NCD met with several House and Senate 

offices to discuss the release of NCD’s report, Disparate Treatment of Puerto Rico 

Residents with Disabilities in Federal Programs and Benefits, and its recommendations to 

expand federal program benefits to the residents in Puerto Rico. In addition to the 

Committees of jurisdiction over U.S. Territories, NCD discussed the report and 

recommendations with members of the Hispanic Caucus and Hispanic Conference. 

Through these meetings, policymakers asked about NCD about ways states blend funding 

under the Individuals with Disabilities Education Act (IDEA) and Medicaid to improve 

services for children with disabilities. NCD provided them with information from our 2018 

IDEA Series: Broken Promises: The Underfunding of IDEA when providing response. NCD 

is currently serving on a White House interagency committee looking at economic 

resilience in Puerto Rico and assisting other federal agencies on how the disability 

community is impacted. 

As another example, as Congress has continued to pursue the goal of lowering 

prescription drug prices, our 2019 report, Quality-Adjusted Life Years and the Devaluation 

of Life with a Disability, which outlines concerns with the use of QALY-based value 

assessments, NCD has continually brought to policymakers’ attention the issues raised in 
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the report. Additionally, we weigh in with technical advice as well as overarching policy 

principles with our federal colleagues on disability-related regulatory proposals that impact 

people with disabilities when they arise (such as CMS’s consideration of national coverage 

determinations regarding seat and standing elevation systems on power wheelchairs or 

HHS OCR’s pursuit of a proposed rule regarding disability nondiscrimination in health 

care); and with congressional staff on general legislative proposals that impact people with 

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

In furtherance of Goal 2, the Council accomplished the following in FY 2022: 

 Advised and continued to meet with the National Institute on Minority Health and Health 

Disparities (NIMHD) and the Agency for Healthcare Research and Quality (AHRQ), on 

decades of health research on people with disabilities in support of a designation of 

people with disabilities as a “health disparity population.” 

 Began a report that examines the legal implication of a long-standing tax exemption for 

people with disabilities working in congregate settings (or sheltered workshops) which 

creates dueling classifications that conflict and undermine other federal employment 

laws regarding the employment status of people with disabilities, the work they perform, 

and the compensation they receive (anticipated release Spring 2022). 

 Developed a report that examined the state of the nation’s HCBS in place prior to and 

during the pandemic that contributed to the inability of residents with I/DD to transition 

to lesser-density community housing options (anticipated release Fall 2022). 

 Developed a report on the impacts of increased extreme weather events on the lives of 

people with disabilities (release date uncertain). 

 Finalized and released a report on the disparate treatment of Puerto Ricans with 

disabilities in federal programs. 

 Finalized and released a progress report on the impact the COVID-19 global pandemic 

has had on people with disabilities. 

 Advised FBI Director Wray concerning the National Use of Force Data Collection 

program, which collects incidents data from police organizations across the US to 
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identify which police organizations used excessive force and could thus benefit from 

remedial intervention. 

 Developed and released a health equity framework, which includes, among other 

things, consideration of Special Medically Underserved Population designation; and 

recommendations concerning disability competency training of medical professionals, 

improved data collection, incentives for healthcare providers to treat patients with 

disabilities, and accessible medical equipment. 

 Provided comments on subminimum wages in response to the Federal Register notice: 

Prohibition on the Payment of Subminimum Wages Under 14(c) Certificates as a 

Qualification for Participation as a Nonprofit Agency Under the Javits Wagner O'Day 

Program. 

 Continued to advise the Joint Commission (on hospital accreditation) concerning 

disability competency training of medical professionals and provided them with related 

recommendations concerning health equity for people with disabilities. 

 Created a Tribal Coordination EO/Tribal Lands toolkit to update NCD’s 2003 report 

“Understanding Disabilities in American Indian and Alaska Native Communities: Toolkit 

Guide” (anticipated Spring 2023 release). 

 Advised the Department of Education on the need for disability competency training of 

medical students. 

 Advised the Office of the National Coordinator for Health Information Technology 

(ONC) through a series of meetings on the need to gather disability functional status in 

electronic health records. 

 Developed and released Medicaid Oral Health Coverage for Adults with Intellectual and 

Developmental Disabilities regarding health care issues faced by people with ID/DD, 

recommending an increase in Medicaid coverage for people with intellectual and 

developmental disabilities (I/DD) to ensure preventive care is available and to avoid 

preventable illness and in emergency room care for untreated dental problems. 
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 Served on HHS’ National Advisory Committee on Individuals with Disabilities and 

Disasters (NACIDD) to advise the Secretary of Health and Human Services on actions 

HHS can take before, during, and after disasters and emergencies to meet the unique 

needs of individuals with disabilities. 

 Worked with the Federal Emergency Management Agency (FEMA)’s Office of Disability 

Integration and Coordination to form a federal working group to work on more 

comprehensive emergency management guidance among multiple federal agencies 

and had recurring meetings with FEMA on emergency preparedness and disaster relief 

to advise FEMA on disability stakeholder concerns. 

 Participated in National Institute of Health (NIH)’s monthly meetings on NIH’s 

development of accessible home diagnostic tests for consumers with limited vision or 

blindness and those with limited or no dexterity. 

 Developed a research brief on alternatives to the Quality Adjusted Life Year 

 Provided a response to CMS’s Request for Information on Health and Safety 

Requirements for Transplant Programs, Organ Procurement Organizations, and EndStage Renal Disease Facilities, regarding organ transplant discrimination experienced 

by people with disabilities throughout the organ transplantation process. 

 Sent an advisory letter and met with the Administrator of the SBA Administrator 

regarding the addition of people with disabilities to the 8(a) Business Development 

Program presumed group list. NCD provided research and findings to support the 

request. 

 Began development of a report on the impact of the Supreme Court decision in 

Cummings v. Premier Rehab Keller, P.L.L.C., which held that that emotional distress 

damages are not recoverable in a private action to enforce either the Rehabilitation Act 

or the Affordable Care Act (released in January 2023). 

 Held a virtual policy roundtable with over 300 attendees, including CMS and 

congressional staff, to discuss CMS’ National Coverage Determination of seat and 

standing elevation systems, featuring perspectives and research from academics, 

doctors, patients, and advocates. 
Page 19 of 52

 Advised the Departments of Justice and Education on recommendations regarding the 

need to include disability as a demographic in federal research surveys regarding 

campus crime and campus sexual assault in light of the fact that nongovernment 

studies have found that 1 in 3 college students with disabilities report experiencing an 

assault on campus. 

 Advised the Department of Education Office for Civil Rights on ways to improve current 

regulations to assist students with disabilities, specifically addressing needed changes 

to Section 504 regulations. 

 Advised the Department of Health and Human Services (HHS) Office for Civil Rights on 

its draft changes to HHS’ Section 504 regulations. 

 Participated in HHS’ Long COVID Coordination Council meetings and contributed to 

the development of an interagency document that provides information to the public 

about long COVID and resources for those who have long COVID, titled Services and 

Supports for Longer-Term Impacts of COVID-19. 

 Participated in Amtrak quarterly meetings regarding its efforts to make Amtrak stations 

accessible nationwide, advising on best accessibility practices in stations, in boarding, 

and the interior of its new Acela line of trains. 

In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

 Advise policymakers on the need to include people with disabilities in clinical trials. 

 Advise policymakers on the barriers imposed on people with disabilities because of 

income and asset limitations in federal program and benefits eligibility requirements. 

 Advise policymakers on specific tax exemptions that prevent people with disabilities 

from attaining employment for federal employment tax purposes. 

 Advise policymakers on the rapidly advancing field of fetal medicine and genetic 

technology and the implications for people with disabilities. 

GOAL 3 

OBJECTIVES, STRATEGIC RESULTS and PLANNED ACTIVITIES 
Page 20 of 52

GOAL 3: Engage policymakers of both the Administration and Congress and 

respond to their requests for assistance accurately and efficiently. 

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

staff. 

2. Provide timely written briefing materials to congressional leadership and members 

of the Administration on policy priorities of the disability community. 

3. Increase the time NCD staff and appointed Council members dedicate to direct 

engagement of congressional and Administration policymakers with NCD’s policy 

advice. 

In Fiscal Year 2022, we responded to congressional requests for policy assistance; met 

with and offered briefings to congressional and committee offices regarding our newly 

released policy research; engaged with congressional and agency offices regarding their 

own priority areas that have implications for Americans with disabilities; and engaged 

media on topics on which we have completed research and advised policymakers. 

In furtherance of Goal 3, the Council accomplished the following in FY 2022:

 Advised House and Senate offices about the need to expand federal benefits programs 

to residents in Puerto Rico and the impact of these changes on residents with 

disabilities. NCD discussed the findings and recommendations from its report, 

Disparate Treatment of Puerto Rico Residents with Disabilities in Federal Programs 

and Benefits. NCD is currently seeking to schedule a collaborative educational briefing 

with Puerto Rico’s Financial Oversight Management Board, an independent advisory 

entity within Puerto Rico’s government and was created under the Puerto Rico 

Oversight, Management, and Economic Stability Act or PROMESA (Public Law No: 

114-187) to assist with Puerto Rico’s fiscal reform and is required to give yearly 

updates to Congress. NCD is serving on a White House interagency group at 

economic resilience in Puerto Rico with the hopes of assisting other agencies in 

ensuring that their own responses are inclusive of the concerns of people with 

disabilities on the island. 

 Advised and assisted the Senate Budget Committee in drafting drug price negotiation 

language that was included in the Inflation Reduction Act (Public Law 117-169) and 
Page 21 of 52

consistent with NCD’s QALYs Report. The provision prohibits the Secretary of Health 

and Human Services from using evidence or findings from comparative clinical 

effectiveness research in a manner that treats extending the life of an elderly, disabled, 

or terminally ill individual as of lower value than extending the life of an individual who 

is younger, nondisabled, or not terminally ill. 

 Advised a coalition of U.S. Senators with technical language to use in a letter

requesting the Government Accountability Office (GAO) to study the barriers that 

Americans with disabilities experience in accessing health care. NCD made specific 

recommendations to ensure that the request did not seek a federal study to 

substantiate the broad existing body of research on disparities. 

 Advised staff from the House Education and Labor Committee regarding an 

amendment to the National Defense Authorization Act intended to freeze the AbilityOne 

Commission’s rulemaking authority. NCD made staff aware that if enacted, this 

amendment would freeze AbilityOne’s rulemaking process at the time that would end 

the use of 14(c) certificates that allow employees with disabilities to be paid 

subminimum wages. 

 Advised a Senate office regarding the Fair Housing Improvement Act of 2022 intended 

to protect veterans and low-income families from housing discrimination and informed 

the office that NCD references the legislation in its upcoming HCBS report. 

 Advised House Energy and Commerce minority staff regarding their request for 

information related to the minority leadership’s disability policy goals for the 118th 

Congress during their drafting phase. This document has been disseminated to 

national disability advocacy groups for responses and includes many of NCD’s 

recommendations. 

 Regularly met with House and Senate committee staff and leadership staff on a 

bipartisan basis to discuss how NCD’s recommendations can assist in their policy 

objectives to remove barriers for people with disabilities. 

 Held a virtual policy briefing on NCD’s Health Equity Framework to approximately 600 

participants including congressional, committee, and leadership staff; staff from across 

HHS; and community advocates. 
Page 22 of 52

 Held a virtual roundtable discussion on the need for Medicare coverage for power seat 

elevation and power standing systems in Group 3 complex rehab technology (CRT) to 

examine the current barriers that people with mobility disabilities experience when they 

cannot access this technology. The discussion was well-attended with over three 

hundred attendees. The information NCD collected from disability advocates was 

intended to inform policymakers about the need for Medicare coverage of CRTs. 

 Presented at a HHS Health Disparities Council monthly meeting on NCD’s Health 

Equity Framework. 

 NCD presented at a US Access Board webinar on health equity of approximately 500 

attendees. NCD presented on our Enforceable Accessible Medical Standards report. 

 Provided briefings on NCD’s Health Equity Framework at different times to leadership 

in the Health Resources and Services Administration (HRSA); National Institute on 

Disability, Independent Living, and Rehabilitation; the Administration for Community 

Living; and the Centers for Medicare and Medicaid Services. 

 Assisted Congressman Langevin’s office relaunch the House Bipartisan Disabilities 

Caucus with two new co-chairs and a proposed series of policy briefings for the new 

fiscal year. 

 Media engagement – NCD’s work is routinely highlighted in national media and 

industry publications, and we regularly receive media inquiries for comment and 

information on current policies and events related to people with disabilities and to our 

most recent report releases. A small sampling of our media mentions in Fiscal Year 

2022 include the following: 

o Washington Post feature story on experiences with FEMA referenced NCD’s 

report on institutionalization after natural disasters;

o USAToday, MSN, Disability Scoop, Yahoo News, Clarion Ledger and others 

covered NCD’s 2021 Progress Report on the impact of COVID-19 on people 

with disabilities;

o Disability Scoop and Federal News Network covered AbilityOne’s 

announcement of ending subminimum wage employment and highlighted NCD’s 
Page 23 of 52

report on the program that made recommendations for ending the support of 

Section 14(c) of the Fair Labor Standards Act; 

o ABC News referenced NCD's 2017 progress report on poverty and disability, 

covering workplace accessibility and its impact on employment for people with 

disabilities. 

o Coverage from the NY Times, PBS, Boston Globe, Hartford Courant, Federal 

News Network on health equity; 

o Kaiser Health News covered NCD’s report recommendations regarding organ 

transplant discrimination experienced by people with disabilities; 

o The Hill covered NCD’s QALY report; 

o NPR, PBS, Forbes, BuzzFeed News, The Progressive and others covered 

NCD’s reports on Guardianship and the ‘school-to-guardianship pipeline;’ 

o Several dental publications covered NCD’s report on Medicaid coverage of 

dental care for people with disabilities and its benefits;

o United Nations International Day of Persons with Disabilities included Chairman 

Gallegos participating in the United Nations World Expo in Dubai UAE broadcast 

on December 3, 2021. Other participants included former Sen. Tom Harkin, 

former Rep. Tony Coehlo, and new U.S. Special Advisor on International 

Disability Rights Sara Minkara (all virtual).

 In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

o NCD will focus on continuing to provide briefings on its health equity framework 

for congressional staff in committees of jurisdiction, individual congressional 

offices indicating interest, and federal agencies with responsibility over areas 

identified in the framework. 

o NCD will provide policy briefings to congressional, committee, and leadership 

staff on new report releases anticipated for FY23, including QALY alternatives, 

congregate care setting transitions to HCBS, Medicaid oral health care policy, 
Page 24 of 52

and misclassification of employees with disabilities by community service 

providers / sheltered workshops. 

o NCD will continue responding to requests for specific subject matter briefings 

and technical assistance and research for bill text development, convening 

stakeholders, and responding to constituent inquiries from individual, committee, 

and leadership offices as well as from colleagues from within the administration. 

GOAL 4 

OBJECTIVES, STRATEGIC RESULTS and PLANNED ACTIVITIES 

GOAL 4: Gather information from subject matter experts and members of the 

disability community both of Washington, DC, and nationally, to help inform 

policymakers’ work. 

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

regarding timely policy matters including but not limited to issues of healthcare 

equity, employment, and the inclusion of traditionally underserved communities. 

2. Deliberate and purposeful outreach to disability communities within tribal 

communities. 

3. Deliberate and purposeful outreach to disability communities in United States’ 

territories. 

4. Deliberate and purposeful outreach to the community of disabled veterans. 

5. Provide opportunities for the disability community to provide input to policymakers 

on disabilities issues prior to policy decision-making. 

6. Develop information gathering partnerships to generate effective intelligence for 

policymakers to use in weighing issues. 

In Fiscal Year 2022, 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 Council set for 

the next fiscal year. For every one of our reports released throughout Fiscal Year 2022, 

our research involved engagement of people with disabilities from across the country in the 

form of focus groups, interviews, and advisory councils. In each report, we highlighted and 
Page 25 of 52

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

to the attention of policymakers. 

In Fiscal Year 2022, we entered into cooperative agreements with subject matter experts 

to assist with nearly all our 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. 

In furtherance of Goal 4, the Council accomplished the following in FY 2022:

 Disability community nonprofit meetings – NCD continued to meet with staff and 

leadership of numerous disability nonprofits in FY22 to discuss their organizational 

policy priorities and ensure that their constituencies’ concerns are considered and 

reflected in the work of the Council. As the result of several such meetings, NCD 

updated its previously released health equity framework with substantive additions to 

its recommendations to policymakers, and commissioned a research brief into the 

impact of the Supreme Court Cummings decision on civil rights enforcement for people 

with disabilities. Several of those meetings included: 

o Met with and later received formal presentations from the Medical Students with 

Disabilities and Chronic Illness to discuss its efforts to encourage the Liaison 

Committee on Medical Education (LCME) to revise its standards to require 

disability competency training of all medical students, as NCD recommended. 

o Met with and later received formal presentations from the Disability Rights Bar 

and the National Disability Rights Network regarding concerns about the 

Supreme Court’s decision in Cummings and the impact on people with 

disabilities who experience discrimination in health care. 

o Hosted a listening roundtable with leaders from the Deaf and hard of hearing 

communities regarding concerns and priorities vis-à-vis health equity. 

o Met with leaders from the blind community about concerns and priorities vis-àvis health equity. 
Page 26 of 52

o Met with leaders from the Developmental Disabilities, Autism and Family 

Support Task Force of the Consortium for Citizens with Disabilities regarding 

medically underserved population designation as well as health disparities 

designation and corresponding legislation. 

o Met with the DD Nurses Association regarding health equity concerns and 

priorities. 

o Received a full-length presentation from leaders in the electromagnetic and 

chemical sensitivity community in connection to a quarterly Council meeting. 

o Met with physicians from Stanford medical school regarding their interest in 

educating medical providers in the U.S. and internationally on the importance of 

having accessible medical equipment and on NCD’s Health Equity Framework. 

o Met with disability community leaders from Boston, MA, Providence, RI, and 

surrounding areas in anticipation of NCD’s in-person quarterly meeting in 

Providence, RI, set for October 2022, which will feature prominent focus on 

regional concerns of the community. 

o Met with representatives from Mobius Mobility to discuss their concerns about 

CMS’ position that standing and seated systems on power wheelchairs are not 

medically necessary and therefore are not a covered item under Medicare. 

 Other engagements – 

o Met with delegation of government officials from Puerto Rico regarding NCD’s 

Disparate Treatment of Puerto Rican Residents in Federal Programs report. 

o Met with international delegations from Kyrgyzstan, Korea, and Bulgaria on the 

ADA, IDEA, and the CRPD. Thus far, in FY23 met with delegations from 

Argentina and Mongolia. 

o Met with the Joint Commission (on hospital accreditation) concerning disability 

competency training of medical professionals and provided them with related 

recommendations concerning health equity for people with disabilities. 
Page 27 of 52

 Disability and other conferences – 

o Presented on our Medicaid Oral Health Coverage for Adults with Intellectual and 

Developmental Disabilities and Disparate Treatment of Puerto Rican Residents 

in Federal Programs report at the ANCOR national conference in Miami, Florida. 

o Presented on our Health Equity Framework at the National Association of 

Councils on Developmental Disabilities (NACDD) Future of Health Care 2022 

conference in Washington, DC, to several hundred individuals. 

o Presented at the Jacobus tenBroek Disability Law Symposium on our Progress 

Report: The Impact of COVID-19 on People with Disabilities report and on our 

Health Equity Framework. 

o Participated and presented at the Prenatal Disability Education Summit at Johns 

Hopkins Medical Campus on NCD’s health equity and related work. 

o Presented at United Cerebral Palsy’s Conference on Latinos with Disabilities. 

o Presented at Melwood’s “Inclusion through Policy Innovation” conference. 

o Chairman Gallegos joined American Council of the Blind’s podcast as a featured 

guest. 

o Presented virtually at the World Expo, Dubai for the United Nations International 

Day for Persons with Disabilities. 

o Presented a workshop titled “Optimizing Care Systems for People with 

Intellectual and Developmental Disabilities” at the National Academies of 

Sciences, Engineering, and Medicine 

o Spoke at the Partnership to Improve Patient Care’s 2021 Forum regarding 

NCD’s advice to policymakers to expressly prohibit use of the QALY. 

o Presented at the American Council of the Blind’s leadership conference. 

o Presented on NCD’s body of work regarding improving dental health of people 

with IDD at the AHEAD Symposium “Universal Dental Curriculum.” 
Page 28 of 52

o Presented on NCD’s Enforceable Accessible Medical Standards report at 

Stanford University’s Disability in Healthcare and Medicine conference. 

o Presented on NCD’s employment recommendations at the Society of Human 

Resource Management’s policy conference. 

 Opportunities for public input – NCD continues to engage opportunities for the 

Council to hear directly from members of the public; meet regularly with international 

delegations when requested; and provide regular disability policy briefings for members 

of the Administration and congressional staff. We continually receive public comment 

via all social media platforms our website as well as to our designated public comment 

email account. In FY22, NCD collected 224 public comments via email across six live 

events. This figure is not inclusive of comments posted in the chat on virtual events 

NCD has held. 

 Developed new agency website and listserv – NCD in FY22 worked with General 

Service Administration Technology Transformation Services (TTS) web developers on 

a complete structural overhaul of our antiquated NCD.gov website by creating and 

fielding a new beta.ncd.gov official government website on the Federalist Cloud.gov 

platform. The beta site will become the primary website in early FY23 upon completion 

of content migration that will improve security and accessibility. We developed a new 

email listserv protocol to facilitate regular communication with advisees and the general 

public regarding our activities and policy recommendations and enhance accessibility 

and ease of use. 

 Deliberate and purposeful outreach to people with disabilities in tribal 

communities – NCD entered into a Memorandum of Understanding with National 

Indian Coalition on Aging (NICOA) to update NCD’s 2003 American Indian and Alaskan 

Native Understanding Disabilities in American Indian and Alaska Native Communities

Toolkit Guide. NICOA is ushering the report through the editing process with a hopeful 

release and coordinated dissemination process in the first quarter of fiscal year 2023. 

In addition, NCD identified stakeholders from American Indian and Alaska Native 

communities to consult with tribal officials in the development of federal policies that 

have tribal implications. 
Page 29 of 52

 Deliberate and purposeful outreach to people with disabilities in U.S. territories – 

NCD released a report titled Disparate Treatment of Puerto Rican Residents in Federal 

Programs, in May 2022, that highlights the disparities between federal programs 

offered to U.S. citizens with disabilities living on the mainland versus those living in 

Puerto Rico. Unrelatedly, NCD staff began outreach to disability leaders in Guam, 

American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands, in 

anticipation of future virtual town halls with the disability communities there. In FY24, 

will also kick off a series of reports on disability and tribal lands and disability in US 

territories.

 NCD continued to host virtual quarterly Council meetings with increased public 

participation. Due to the virtual environment, NCD’s quarterly Council meetings 

featured state disability policy highlights without incurring expenses associated with 

invited speaker travel. The virtual meetings were attended by gradually increasing 

numbers of people across the country, and topically targeted public comment periods 

helped provide valuable information for NCD’s ongoing research endeavors.

 NCD hosted a health equity stakeholder call with nearly 600 attendees. The virtual 

Zoom webinar attracted over 1,000 registrants who were interested in learning more 

about NCD’s Health Equity Framework. NCD edited the recorded webinar and 

remediated it for accessibility, posting it online for additional views.

 Addition of language in cooperative agreements – Last year, in response to 

Executive Order 13985, “Advancing Racial Equity and Support for Underserved 

Communities Through the Federal Government,” NCD amended its cooperative 

agreement requirements language, which had read “NCD wants to ensure there is 

stakeholder involvement in Page 42 of 68 the findings and recommendations. The 

inclusion of people with disabilities must be integral to the planning, development, and 

execution of this project. At least one section of the report should focus on stakeholder 

input, but input should be integrated throughout,” to further add, “NCD wants to ensure 

there is stakeholder involvement in the findings and recommendations. The inclusion of 

people with disabilities, including people with disabilities who are multiply marginalized 

(black, indigenous, people of color, LGBTQ, e.g.), must be integral to the planning, 

development, and execution of this project. At least one section of the report should 

focus on stakeholder input, but input should be integrated throughout.” This language 
Page 30 of 52

was integrated into the cooperative agreements we relied upon to generate the reports 

we are now concluding and readying for release in the fall, which reflect advice to 

policymakers that is inclusive of the breadth of diversity of the disability community 

constituency.

In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

 NCD will continue to utilize listening sessions and stakeholder engagements in its 

research that draws upon expertise and perspectives from diverse cross-sections of the 

community. 

 NCD will continue to host town hall style listening sessions with members of the 

disability community from areas to which the Council travels, as well as target the U.S. 

territories (Guam, American Samoa, North Mariana Islands, and the U.S. Virgin 

Islands). 

 NCD will finalize and release its updated Understanding Disabilities in American Indian 

and Alaska Native Communities Toolkit Guide. 

GOAL 5 

OBJECTIVES, STRATEGIC RESULTS and PLANNED ACTIVITIES 

GOAL 5: Enhance agency operational and programmatic internal controls to 

effectively service execution of statutory duties. 

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

improvements. 

2. Ensure compliance with financial regulatory and reporting requirements. 

3. Regularly evaluate and as needed update internal policies and procedures to ensure 

federal compliance, improved efficiencies, and internal controls. 

In furtherance of Goal 5, the Council accomplished the following in FY 2022: 
Page 31 of 52

 The Council continues to work collaboratively with the Department of Homeland 

Security to implement mandated cybersecurity requirements. We have complied with 

all mandated requirements to the maximum extent that our budget has allowed. 

 National Archives and Records Administration (NARA), Management Federal Records 

Modernization Initiative (FERMI) – The M-19-21 directive issued by NARA requires 

federal agencies to transition to electronic documents by December 31, 2022. This 

includes legacy content. After this time, NARA will no longer accept permanent or 

temporary records from agencies in non-electronic format. We have been working 

diligently to meet this deadline by implementing functions in the SharePoint platform 

and moving exclusively to cloud storage. This government-wide initiative has allowed 

the agency to transfer our paper documents to the Federal Records Center, designate 

a Senior Agency Official and Agency Records Officer for records management which 

include training, scheduling records, workflows, and retention periods. The ongoing 

process for digitization will require maximum staff resources. M-19-21 contextualizes 

our commitment to digital government and helps explain the progress our agency has 

made in managing records electronically for full compliance by the December 2022 

deadline. 

 Plan of Action and Milestones (POAMs) - The Council continued to work across fiscal 

years to ensure our IT infrastructure was secure and we were moving toward 

compliance with all regulatory requirements. 

 SharePoint - The Council continued its SharePoint platform development to support the 

transition to electronic documents by NARA’s deadline of December 31, 2022. 

 Updates to EEOC Policies and Procedures - Pursuant to 29 C.F.R. § 1614.102(e), 

NCD continued to outreach to Equal Employment Opportunity Commission (EEOC) for 

technical assistance to ensure our policies are in compliance with all mandates and 

requirements. 

 Updates to Administrative and Financial Policies and Procedures - NCD continually 

monitors and updates our internal policies and procedures in response to agency 

needs, improving internal controls and in response to government wide directives. 
Page 32 of 52

 Equipment Donation – The Council's computer equipment was fully depreciated in FY 

2022. This provided NCD the opportunity to repurpose and donate in accordance with 

federal guidelines. 

 In FY 2022, we promoted an environment that ensured our operations include multilevels of internal controls. We ensured all operation components were safeguarded 

against waste, fraud, and abuse, which included advising and bringing areas of 

concern to agency leadership to ensure compliance and oversight. 

 NCD evaluated the agency’s operations during a national pandemic. This required a 

thorough analysis of ever-changing guidance and directives. As a small independent 

agency, we did an outstanding job monitoring, and implementing changes to guidance 

and directives received during the pandemic. 

 NCD worked with GSA to initiate an Interagency EIS Transition for services. 

 NCD reviewed and updated our travel procedure to maximize oversight and to ensure 

NCD official travel procedures were in compliance with all applicable federal travel 

regulations and complied with the ever-changing COVID-19 pandemic or other public 

health guidance. This change was followed by a training presentation for Council 

members and staff. 

 NCD issued a request for proposal (RFP) for cyber security support with 

implementation occurring in the FY 2022 and throughout FY 2023. This agreement will 

assist the agency to ensure compliance with all cybersecurity requirements; identifying 

and assessing significant risks related to information security; and safeguarding of 

information system assets by identifying and presenting solutions to solve potential and 

actual security problems. 

In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

 Plan of Action and Milestones (POAMs) - The Council will continue to work across 

fiscal years to ensure our IT infrastructure is secure and we were moving toward 

continued compliance with all regulatory requirements. 
Page 33 of 52

 Updates to Administrative and Financial Policies and Procedures - NCD will continue 

to monitor and update our internal policies and procedures in response to agency 

needs, improving internal controls and in response to government wide directives. 

 SharePoint - The Council will continue to develop the SharePoint platform. In FY 2023, 

we will incorporate workflows to improve internal operations and assist in continuity 

and process. 

 Financial Audit - The Accountability for Tax Dollars Act requirement for an annual 

preparation and audit of financial statements of smaller agencies was exempted by 

OMB in recognition of our stewardship. This continues to result in a biennial cost 

savings for the Council. The Council will incur the cost of completing an audit for Fiscal 

Year 2022 and Fiscal Year 2023 in Fiscal Year 2023. 

 NCD will continue to work with EEOC to receive technical assistance and update and 

ensure compliance with all federal EEO regulations.

 We will continue to promote an environment that ensures our operations include multilevels of internal controls, and our operational components are safeguarded against 

waste, fraud, and abuse. 

 NCD will continue to evaluate the agency’s operations following the national 

pandemic. We will continue to analyze guidance and directives and implement 

changes in response to our analysis. 

 As NCD begins to travel to host public meetings, we will continue to review and 

updated our travel procedure to maximize oversight and to ensure NCD official travel 

procedures are in compliance with all applicable federal travel regulations and comply 

with all public health guidance. 

 We will monitor and implement processes as identified through the cyber security 

support agreement. This agreement will continue to assist the agency in complying 

with all cybersecurity requirements; identifying and assessing significant risks related 

to information security; and safeguarding of information system assets by identifying 

and presenting solutions to solve potential and actual security problems. 
Page 34 of 52

 We will begin the process of transitioning financial services vendors in an effort to 

secure improved service and internal controls. 

GOAL 6 

OBJECTIVES, STRATEGIC RESULTS and PLANNED ACTIVITIES 

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

effectively service execution of statutory duties. 

1. Engage in a human capital management assessment to evaluate staffing and consider 

opportunities for workforce optimization. 

2. Enhance new staff, members, and intern orientation materials and process. 

3. Encourage staff to conduct SWOT (strengths, weaknesses, opportunities, and threats) 

analyses as a means of identifying professional development opportunities and 

enhancing performance. 

In furtherance of Goal 6, the Council accomplished the following in FY 2022: 

 We experienced the turnover of one council member and swore in a new member in 

late August 2022. We continue to improve and enhance the onboarding process for 

staff, members, and interns. 

 DEIA Strategic Plan – NCD submitted the DEIA strategic plan as required of federal 

agencies. NCD saw this as an opportunity to further embrace and enhance diverse, 

equitable, inclusive and accessible employment opportunities. NCD incorporated DEIA 

in all aspects of our operations, including updating our cooperative agreement 

language, ensuring that all our research endeavors also reflect our commitment to 

DEIA principles. 

 Flexible Work Program – NCD piloted and later finalized implementation of a remote 

work option as a workplace flexibility that benefits work-life balance for NCD’s 

hardworking employees as well as optimizes NCD’s options for future hires. 
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 Intern Program – In FY 2022 NCD began development of an intern program which 

incorporates DEIA initiatives. NCD provided intern opportunities to 4 graduate 

students in FY 2022. 

 NCD management revised the performance evaluation period to ensure management 

and staff had greater opportunity for adequate review and discussion and to add 

greater distance between the final assessments and the fiscal year closeout. 

 NCD participated in the Federal Employee Viewpoint Survey (FEVS), and continually 

encouraged participation by provided ongoing updates and reminders to management 

and employees. Agency management worked collaboratively to ensure the agency 

specific questions would provide helpful data to the management team. 

 NCD management committed to increase participation in leadership training and 

began acting on that commitment through group management trainings. 

In Fiscal Year 2023, NCD will prioritize work in the following areas of focus: 

 NCD will continue to assess ways in which it can support its staff during the first full 

year of its flexible work policies, including maximum telework and remote work, gliding 

flex, and compressed work schedules, including assessing technology needs and 

updating administrative policies as necessary. 

 NCD will finalize its internship program, incorporating DEIA principles in outreach and 

recruitment, and will regularly assess the program for opportunities for improvement. 

We have thus far hired 2 interns and a doctoral practicum student this fiscal year. 

 DEIA Strategic Plan –NCD will continue in its long tradition of promoting diversity, 

equality, inclusion, and accessibility in all aspects of our operations, performance 

discussions, and workforce optimization decisions. In January 2023, NCD presented on 

incorporating accessibility into operations at OPM’s DEIA Summit. 
Page 36 of 52

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, we share 

our recommendations in advance with the agencies we are examining to ensure technical 

accuracy and strives to follow up with the same agencies in assessing their 

implementation of our recommendations. The Council regularly engages with many other 

federal agencies. Please note the many cross-agency collaborations we have previously 

highlighted in Goal 3. In addition to those, many others include: 

 Government Accountability Office – NCD met with GAO to discuss the US 

Access Board, its mission, its cross-agency collaborations, and its operational 

efficiencies in relation to a GAO study on the US Access Board. 

 Administration on Community Living – NCD holds monthly standing calls with 

leadership from ACL to update one another on agency work and near-horizon 

projects. 

 US Access Board - NCD holds monthly standing calls with leadership from the US 

Access Board to update one another on agency work and near-horizon projects. 

 Domestic Policy Council (DPC) Interagency Workgroup on Disability – NCD 

joins the Domestic Policy Interagency Workgroup on Disability and its related 

subcommittees regarding a range of issues identified as agenda items by the 

Director of Disability Policy at the DPC. 

 Small Agency Council (SAC) Executive Committee, Partnership with General 

Services Administration (GSA) Work Group – NCD staff are members of the 

SAC Executive Committee which is charged with reviewing and providing 

advisement on activities within GSA’s Office of Administrative Services and Human 

Resources Line of Business, Office of Customer & Stakeholder Engagement. Office 
Page 37 of 52

of Analytics, Performance & Improvement and GSA’s Management Through 

COVID-19. 

 The Small Agency Chief Information Officer Council (SACC) and Small / 

Micro-Agency Chief Information Security Officers Council (SMAC) – NCD 

participates in the SACC and SMAC and leveraged the expertise of the forum in 

relation to our drafting of a cybersecurity RFP. 

 Interagency Group Meeting on Javits-Wagner-O’Day Act Amendments – NCD 

participated in a listening capacity during a several months’ long series of 

interagency meetings hosted by the Ability One Commission in relation to 

recommendations of the Section 898 Panel. 

 Department of Treasury – NCD is in communication with Treasury staff to discuss 

provisions of the tax code that are inconsistent with current disability policy and 

prevents people with disabilities from attaining employment status when they 

choose to work in sheltered workshops. 

 
Page 38 of 52

NATIONAL COUNCIL ON DISABILITY BUDGET 

Cost Discussion (Appendix A) 

DESCRIPTION 

FY2023 

Appropriated 

Budget 

FY2024 Budget 

Request 

BUDGET TOTAL 3,850,000 4,000,000 

PERSONNEL 2,186,522 2,241,046 

TRAVEL 75,000 140,000 

RENT, UTILITIES AND 

COMMUNICATIONS 301,620 307,500 

PROGRAM, RESEARCH AND 

PRINTING 258,800 355,500 

TRAINING AND PROFESSIONAL 

ASSOCIATIONS 20,000 27,500 

AUDIT 42,500 0 

PAYROLL, ACCOUNTING AND HR 

SERVICES 509,000 215,000 

SUPPORT CONTRACT SERVICES

191,800 

 

 249,604 

INFORMATION TECHNOLOGY 98,000 285,500 

PAYMENTS TO FEDERAL AGENCIES 1,776 4,750 

SUPPLIES, SUBSCRIPTIONS AND 

MATERIALS 63,482 66,100 

SOFTWARE & EQUIPMENT 63,000 67,500 

ANTI-DEFICIENCY 38,500 40,000 
Page 39 of 52

APPENDIX A 

Cost Discussion 

NCD is committed to fulfil its mission of advising the President, Congress, and other 

federal agencies regarding federal policies’ impact on people with disabilities in a costeffective manner. 

 The Council presents a budget of $4,000,000 for Fiscal Year 2024. 

 The Council’s appropriated budget for Fiscal Year 2023 is $3,850,000. 

In Fiscal Year 2024, NCD remains committed to delivering mission critical outcomes while 

streamlining our operational expenses wherever possible as a means of optimizing our 

appropriation toward expenses directly connected to research and advice activities. In so 

doing, NCD judiciously utilizes taxpayer dollars in support of the national priority to reduce 

deficits. 
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APPENDIX B 

Analysis of Resources 

PERSONNEL 

FY 2023 $2,186,522 

FY 2024 $2,241,046 

 Our Fiscal Year 2023 budget supports 9 Council members and 11 staff (FTEs), and 

includes mandated salary increase established to be a 4.6%, as well as a not-toexceed (NTE) hire to join the Administration, Finance, and Operations team. . 

 Our Fiscal Year 2024 budget supports 9 Council members and 11 staff (FTEs), one 

NTE hire, and regularly scheduled performance increases per OPM policy and 

associated benefits. The increase in FTEs is in support of the mission critical work 

of the agency. 

Recruiting and retaining full-time federal employees is critical to fulfillment of the Council’s 

mission. 

TRAINING AND PROFESSIONAL ASSOCIATIONS 

FY 2023 $ 20,000 

FY 2024 $ 2,500 

 In support of Strategic Goal 6, to recruit, retain, and develop a highly qualified 

professional staff in order to effectively service execution of statutory duties, NCD is 

committed to setting aside training dollars and memberships in professional 

organizations for all employees. 

 All employees are encouraged to utilize training dollars in support of their 

professional development and the agency’s mission. Accordingly, we endeavor to 

invest funding to train, advance, and retain the existing workforce. 
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TRAVEL 

FY 2023 $75,000 

FY 2024 $140,000 

 For Fiscal Year 2023, in anticipation of ongoing travel restrictions as a result of 

COVID-19, and budget restraints NCD reduced the travel budget to support one inperson Council meetings and preparatory activities and visits 

 For Fiscal Year 2024, NCD budgeted for two in-person Council meetings and 

preparatory activities and visits. 

The largest portion of the Council’s travel budget is devoted to the cost of fulfilling our 

statutory requirement to conduct public meetings no less than four times each year. 

Additionally, in conjunction with policy development or engagement activities, at times, the 

Council convenes policy forums to gather or provide expert information. On these 

occasions, we may extend invitations to subject matter experts. This invitation may include 

travel related costs. 

All travel is processed in accordance with federal per diem regulations. 

RENT, UTILITIES AND COMMUNICATIONS 

FY 2023 $301,620 

FY 2024 $307,500 

We renewed our lease with the General Services Administration pre-pandemic, effective 

October 1, 2021, for 15 years through September 30, 2031. We negotiated a reduced cost 

by entering a 15-year agreement. The ability to remain at the current location, which is 

accessible for people with disabilities by three major Metro rail lines and Metro bus was the 

primary motivation for renewing the existing lease. 

With the majority of staff being people with disabilities, and as the federal voice to 

policymakers of the over 61 million Americans with a wide variety of disabilities, we also 
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utilize several communication methods to facilitate the work of members and staff, as well 

as to engage with stakeholders. 

Initially in response to the pandemic, and later because of the success of the experience, 

NCD embraced remote work opportunities, and made them available for all employees. 

NCD management continues to monitor the success of flexible work opportunities in 

anticipation of future savings related to rent and has begun planning discussions with the 

General Services Administration regarding reducing the agency’s real estate footprint in 

future fiscal years. 

PROGRAM, RESEARCH AND PRINTING 

FY 2023 $258,800 

FY 2024 $355,500 

 For FY 2023, our budget will support policy projects related to fulfilling the mission 

of the Council, including our annual progress report. In the remainder of FY 2023, 

we will pursue additional research regarding how tax policy is impacting people with 

disabilities – specifically worker misclassifications in sheltered workshop 

environment; as well as a report focusing on the inclusion of people with disabilities 

in clinical trials. 

 For FY 2024, our budget will support policy projects related to fulfilling the mission 

of the Council, including our annual progress report. NCD will also commence 

research and report on the experience of people with disabilities on tribal lands; and 

fulsome research and report on barriers that people with mobility disabilities 

confront in public rights of way, federally-funded fitness and recreational facilities, 

and airline travel. 

AUDIT 

FY 2023 $42,500 

FY 2024 $0 

As part of our reform plan and allowed per the Accountability for Tax Dollars Act 

requirement for an annual preparation and audit of financial statements of smaller 
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agencies, we are exempted by the office of Management and Budget (OMB) for an annual 

audit in recognition of the stewardship we have presented through ongoing unqualified 

audits. 

The audit for FY 2022 and FY 2023 will occur in Fiscal Year 2023 with Fiscal Year 2023 

funds at an estimated obligation of $42,500 for an independent audit of NCD’s financials. 

The audit reviews the Council's internal control over financial reporting in compliance with 

OMB audit guidance for expressing an opinion on financial statements. 

PAYROLL, ACCOUNTING AND HR SERVICES 

FY 2023 $509,000 

FY 2024 $215,000 

 For FY 2023, our budget increased by 140% to support the fees associated with an 

anticipated transition in service providers to better meet the needs of the agency. 

 For FY 2024, our budget will go back to the normal fee to support the payroll and 

accounting services for the agency. 

We contract with the General Services Administration (GSA) Commissions and Boards 

(CABS) human resource services and Office of the Chief Financial Officer (OCFO) for 

payroll, accounting, and HR services. Through these interagency agreements, we receive 

support to complete payroll, accounting, and human resource services. Our agreements 

position NCD to utilize ad hoc services such as legal consultation, human relations 

support, and other services as identified. We do not have the resources to employ full-time 

staff with expertise in all areas the agency requires. With oversight and support of 

professional FTEs, these service level agreements facilitate smooth operations and assists 

in fulfilling federal requirements. 

SUPPORT CONTRACT SERVICES 

FY 2023 $191,800 

FY 2024 $249,604 
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 For FY 2023, our contractual services budget supports the operational needs of the 

agency, and reasonable accommodations for staff, members, and invited guests. 

 For FY 2024, our contractual services budget supports the operational needs of the 

agency and reasonable accommodations for staff, Council members, and invited 

guests. 

Many of the staff and Council members are people with a variety of disabilities. We provide 

accommodations for employees with disabilities during working hours and at meetings and 

events. In FY 2024, our increase in budget for contractual services reflects an increase in 

accommodation supports. 

INFORMATION TECHNOLOGY (IT) AND SOFTWARE AND EQUIPMENT 

FY 2023 $ 98,000 

FY 2024 $ 285,500 

 For FY 2023, l funding is necessary for NCD to move toward full and ongoing 

compliance with IT and cybersecurity mandates. In Fiscal Year 2023, we will roll out 

necessary software to ensure compliance and focus on implementing the following 

mandates: 

o Manage NCD's risk management framework for security compliance using 

OpenFISMA+. The risk management framework describes how an agency 

must access, monitor, and respond to risk; 

o Upload and monitor our agency Plans of Actions and Milestones (POAM's), 

review and respond to the risk of classified and low, medium, or high and 

guide the agency toward compliance; 

o Support and upkeep on SharePoint; 

o Communicate on secured phone lines that are IP based; 

o Provide ongoing security for the agency by maintaining MTIPS to address 

high level federal requirements with a secure connection to the public 

internet in full compliance with OMB's Trusted Internet Connection (TIC); and 

o Employ or contract with a Cyber Security Specialist to write policies, 

procedures, and standards following OMB & DHS Directives in addition to 

providing ongoing support and compliance with cybersecurity mandates. 
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 For FY 2024, NCD will continue to move toward full and ongoing compliance with IT 

and cybersecurity mandates. We will also have a full year of service with new Cyber 

Security Vendor. 

As a small agency, we secure outside support to assist in meeting the Council’s IT and 

cybersecurity requirements. Related expenses continue to represent a significant amount 

of the Council’s appropriation. Additional expenses are a result of new and ongoing federal 

requirements such as the EINSTEIN cybersecurity initiative, and implementation of TIC 3.0 

and OpenFISMA++, to name a few. These costs are ongoing to ensure compliance with all 

cybersecurity and FISMA mandates, and to assist in the security and protection of all 

Government networks. 

PAYMENTS TO FEDERAL AGENCIES 

FY 2023 $ 1,776 

FY 2024 $ 4,750 

Costs are relative to the anticipated needs of the Council during each fiscal year in addition 

to the Council’s decision to utilize fee-for-service expertise. 

 

As a small agency, we secure services through interagency agreements with other federal 

agencies for technical functions such as job postings, procurements, and security services, 

to name a few. Under the oversight of professional staff, utilizing interagency agreements 

in this way assists us in fulfilling federal requirements by providing subject matter 

expertise. 

SUPPLIES, SUBSCRIPTIONS AND MATERIALS 

FY 2023 $ 63,482 

FY 2024 $ 66,100 

Costs are relative to the anticipated needs of the Council during each fiscal year. 

The Council utilizes professional periodicals, subscriptions, technical publications, and 

services to stay informed of policy developments, conduct legal and other research, and 
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access federal directories in furtherance of its mission. These resources are essential in 

assisting staff to fulfill mission critical work for the Council. 

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. In FY 2023, we 

anticipate the costs of supplies to modestly increase as we support our employees in 

flexible telework environments. However, furniture needs are expected to decrease due to 

the success of our remote work program for a net zero change. 

ANTI-DEFICIENCY 

FY 2023 $ 38,500 

FY 2023 $ 40,000 

The Council reserves one percent of our annual appropriated budget for unanticipated 

expenses and to ensure the Council does not exceed available funds. 
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APPENDIX C 

Organizational Chart 

 

Council Chair 

Executive Director 

(EEO Director) 

Director of Legislative 

Affairs & Outreach 

(duties temp assumed by 

Executive Director) 

Director of Operations & 

Administration 

General Counsel 

& Director of Policy 

Senior AttorneyAdvisor 

Staff Assistant 

Financial 

Management Analyst 

Legislative Affairs 

Specialist 

Public Affairs 

Specialist 

Senior AttorneyAdvisor 

Senior AttorneyAdvisor 

Special Assistant 

(Contractor) 

IT/Cybersecurity 

Specialist 

(Part-time Contractor) 

Administrative 

Support Specialist 

Administrative 

Personal Attendant 

(Part-time Contractor) 

Council Members 

Legislative Affairs 

Advisor 

(Contractor or NTE) 
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APPENDIX D 

MAJOR MANAGEMENT PRIORITIES AND CHALLENGES 

Costs of Implementing Federal Cybersecurity Requirements 

We continue to enhance our cybersecurity program. NCD continues to benefit from our 

Memorandum of Agreement (MOA) with the Department of Homeland Security (DHS) and 

the Department of Defense (DOD). NCD is committed to deploy cybersecurity strategies 

that will secure America’s cyber networks. Our MOA with the DHS, Office of Cybersecurity 

and Communications ensures the deployment of EINSTEIN Cybersecurity capabilities. We 

continue to deploy EINSTEIN Intrusion Prevention Security Services (IPSS) on our 

networks. These services look for network traffic and indicate known or suspected 

malicious cyber activity. NCD continues to make strides to improve our cybersecurity 

posture by utilizing initiatives in the Federal Government such as the Continuous 

Diagnostics and Mitigation (CDM) program Federal Government cybersecurity initiative led 

by the Department of Homeland Security (DHS) and the Cybersecurity and Infrastructure 

Security Agency (CISA). 

In FY 2023, the total budget needed to implement improvements to the efficiency and 

effectiveness of our operations in the area of cybersecurity is summarized below. 

Activity FY23 Description 

Cingular $ 6,000.00 

Manages NCD’s risk management 

framework for security compliance using 

Cingular. The risk management 

describes how an agency access, 

monitor, and respond to risk. A 

contractor uploads and monitors all of 

our agency plans of actions and 

milestones (POAM’s) and informs the 

agency of the risks. 

Managed Trusted 

Internet Protocol Services 

(MTIPS) $ 33,332.00 

MTIPS provides security for agencies 

online traffic and addresses high level 

federal requirements with a secure 

connection to the public internet in full 

compliance with OMB's Trusted Internet 

Connection (TIC). 

ATO (Authority to 

Operate) $ 75,000.00 

Authority to operate on Government 

network which needs to be updated 

every 12 months. 
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Cyber Security Support $ 120,000.00 

Cyber Security Contractor(s) to write 

required policies, procedures, and 

standard in additional to providing 

support by following OMB & DHS 

directives & mandates. 

Continuous Diagnostics 

and Mitigation (CDM) $ 6,000.00 

CDM is required by DHS. It helps 

strengthen the cybersecurity of 

government networks and systems. This 

tool develops and reports that the 

agency is CDM compliant and reports to 

OMB. 

Security Assessment & 

Authorization $ 35,000.00 

System Security Plan (SSP) will reveal 

what system(s) are in place and what 

support is needed. This will also cover 

penetration testing which is an ethical 

hacker that connects to your network in 

an attempt to obtain passwords. Once 

the test is done, the agency will know 

what to improve. A risk assessment will 

also be completed on our network. 

Total Cost $ 275,332.00 

 
Page 50 of 52

 

MAJOR MANAGEMENT PRIORITIES & CHALLENGES (continued) 

Costs of developing a workforce for the 21st Century 

Management’s major priorities for the National Council on Disability for Fiscal Year 2024 

are to: 

1. Thoughtfully assess agency workforce, workload, and workflow against any 

applicable executive orders and OMB guidance; 

2. Pursue ongoing review and updates to our internal control policies and procedures; 

3. Continue compliance with mandated cybersecurity protocols, as the budget allows; 

and 

4. Hire, train, develop, and retain an exceptional workforce, with a priority on hiring a 

diverse workforce, including people with disabilities. 

An enduring management challenge is how best to approach the allocation of the Council’s 

limited financial and human resources. By recognizing the expertise of professional staff, 

and those staff serving in dual roles since 2018, the Council has been operating with 

eleven full-time staff and nine Council members. The Council members balance their 

service to the Council with their own full-time careers. Given the breadth of our mission, 

the scope of our engagement, policy development, and collaborative activities are often 

limited by the lack of workforce. Our modest budget and small workforce necessitate 

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 a larger agency that can withstand numerous 

vacancies without immediate implication to mission accomplishment or the operational 

integrity of the Council, in an agency of our size, even a single vacancy can create a 

palpable effect on the Council. Additionally, with the extent of discrete responsibilities 

every federal agency faces, regardless of size, individual employees may be the sole 

individual responsible for and knowledgeable of how to complete tasks. This necessarily 

creates risk for which the Council must account for and control. Therefore, continuity of 

leadership, employee retention, professional development, and cross-training among 
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employees are always priorities of management as are persisting in efforts to seek 

opportunities to strengthen and add to the number of staff. 

We establish and maintain effective internal control and financial management systems 

that meet the objective of the Federal Manager's Financial Integrity Act. Based upon the 

results of the independent auditor’s biennial report, 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. 

NCD publishes several full-length reports every year, in addition to advising and 

responding to multiple requests on various topics from federal policymakers. Most 

research projects 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 we urge policymakers to consider. While we 

will continue to fulfill our mandate to serve policymakers and respond to the disability 

community’s interests and publish annual research/policy reports, we are also an agency 

with operational requirements in addition to ever greater needs in the disability community 

to fulfill. 

STAFFING NEEDS TO SUPPORT THE MISSION OF THE COUNCIL 

Since the inception of NCD 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 our work, 

and yet, the workforce of the Council has remained level for many years. However, the 

number of appointed council members decreased as a result of the Workforce Innovation 

and Opportunity Act (WIOA). The reduction in appointees also presented a reduction in the 

amount of professional experts who could bring their respective areas of expertise to bear 

on behalf of the Council’s work. 

Given our charge to review and advise on existing and proposed laws and policies and the 

growing number of laws and policies for people across all types of disabilities, regardless 

of age or severity of disability, it has become a far more difficult task for the Council to 

service the mission of the Council with level staffing. To be timely and responsive to our 

advisees, the workload for existing staff has continually increased, with several staff 
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completing assignments that equal the workload of multiple positions. Any loss in funding 

directly impacts the mission critical work of the Council. 

Despite our small size, NCD must comply with requirements placed on much greaterresourced agencies. The financial demands of mandated requirements have the potential 

to compromise NCD’s ability to complete the work that is critical to the mission of the 

Council, 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. 

Any increase in our appropriations for FY 2024 will be used to shore up the workforce 

needs of the Council related to the mission-critical policy research and advisement work of 

the Council and continued compliance with cybersecurity requirements. The need is acute, 

particularly during an ongoing time of focus on the needs of a burgeoning aging population 

and new scores of people experiencing “long-COVID,” who will require multi-disciplinary 

policy solutions. 

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