Lex Frieden, Chairperson
February 2004

The Bulletin, which is free of charge, and at NCD's award-winning Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe or unsubscribe to the NCD listserv, send a blank e-mail to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. To change your current e-mail address, first unsubscribe in one e-mail and then subscribe in another. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

NCD Celebrating 20 Years as an Independent Federal Agency, 1984-2004

NCD Seeks Contractors for Two Studies

NCD published two requests for proposals (RFP) in February in Federal Business Opportunities (www.fedbizopps.gov). On February 26, NCD published an RFP seeking a contractor to evaluate the effectiveness and direction of federal social security benefits programs that support people with disabilities. Specifically, NCD is interested in examining in detail the impact of the Supplemental Security Income and Social Security Disability Insurance benefits programs on people with disabilities and how these programs support transitioning or returning beneficiaries to work. This study should incorporate the expertise of key stakeholders, including consumers, service providers, employers, governments (including foreign governments), and other community organizations.

The estimated contract period is 10 months. NCD will distribute its Social Security Study RFP to interested parties on March 26, 2004. NCD will expect interested parties to submit their responses by April 30, 2004. Copies of the RFP may be requested by mail or picked up at NCD on or after the issue date of March 26, 2004. All requests must reference the RFP number and title. For more information, contact Joan Durocher, jdurocher@ncd.gov, 1331 F Street, NW, Suite 850, Washington, DC 20004; 202-272-2004 or 202-272-2074 TTY.

On February 23, NCD published an RFP seeking a contractor to evaluate the impact of the Americans with Disabilities Act (ADA) and the effects of U.S. Supreme Court cases interpreting the ADA. The contractor will gather input from ADA stakeholders about the impact of the ADA, gather testimony and documentation regarding the impact of the Supreme Court’s decisions on people with disabilities, assemble all information gathered, organize all testimony and incidents reported into a consistent format within each of the issue areas, and summarize the findings. The contractor will also prepare a compilation of all cases and reported incidents by state and by congressional district.

The estimated contract period is 10 months. NCD will distribute its ADA Impact Study RFP to interested parties on April 20, 2004. NCD will expect interested parties to submit their responses by May 31, 2004. Copies of the RFP may be requested by mail or picked up at NCD on or after the issue date of April 20, 2004. All requests must reference the RFP number and title. For more information, contact Julie Carroll, jcarroll@ncd.gov, 1331 F Street, NW, Suite 850, Washington, DC 20004; 202-272-2004 or 202-272-2074 TTY.

NCD Participates in Emerging Workforce Conference

NCD participated in the Emerging Workforce Conference, February 8-10, at the Wyndham Bonaventure Resort and Spa in Weston, Florida. More than 500 leaders from various government, private, and nonprofit organizations came together to enhance employment opportunities and outcomes for people with disabilities. Speakers included Florida Governor Jeb Bush; Representative E. Clay Shaw, Jr.; Commissioner JoAnne B. Barnhart, Social Security Administration (SSA); SSA Deputy Commissioner Martin H. Gerry; U.S. Equal Employment Opportunity Commission Chair Cari M. Dominguez; Department of Labor, Office of Disability Employment Policy Assistant Secretary W. Roy Grizzard, Jr., Ed.D.; Department of Justice, Civil Rights Division Assistant Secretary R. Alexander Acosta; Department of Health and Human Services (HHS), Office of Disability Director Margaret J. Gianinni, M.D.; HHS Administration on Developmental Disabilities Commissioner Patricia A. Morrissey, Ph.D.; HHS Administration on Aging Assistant Secretary Josefina G. Carbonell; President’s Committee for People with Intellectual Disabilities Chair Madeleine Will; Department of Education (ED), Office of Special Education and Rehabilitative Services Acting Deputy Director Troy Justesen; ED, Office of Special Education and Rehabilitative Services, Office of Special Education Programs Director Stephanie Smith Lee; ED, Office of Special Education and Rehabilitative Services, Rehabilitation Services Administration Commissioner Joanne M. Wilson; NCD Chairperson Lex Frieden; NCD Member Milton Aponte; NCD Executive Director Ethel D. Briggs; NCD General Counsel and Director of Policy Jeffrey T. Rosen; former NCD Member John D. Kemp; and former NCD General Counsel Andrew J. Imparato.

(Photo from left to right: Governor Jeb Bush and NCD Chairperson Lex Frieden.)

New ADA Accessibility Guidelines

At its January meeting, the Access Board unanimously approved new guidelines covering access to facilities covered by the ADA. The approved rule overhauls the existing ADA Accessibility Guidelines (ADAAG), which were first published in 1991. The rule also revises guidelines for federally funded facilities required to be accessible under the Architectural Barriers Act (ABA). Both the ADA guidelines and the ABA guidelines specify access in new construction and alterations and make detailed provisions for various building elements, including ramps, elevators, restrooms, parking, and signage.

The new guidelines are based on recommendations developed by an advisory committee the Board had chartered to review the existing ADAAG. The ADAAG Review Advisory Committee consisted of 22 members representing the design and construction industry, the building code community, state and local government entities, and people with disabilities. Based on this committees’ report, in November 1999 the Board published a proposed set of guidelines that featured a host of updated provisions and clarifying revisions, as well as a new look and format. This proposal, which was made available for public comment for six months, attracted more than 2,500 comments. These comments provided considerable input on the substance of the guidelines. The Board made a variety of changes to the guidelines based on these public comments.

The Board’s recent action allows the finalized guidelines to move on to the Office of Management and Budget (OMB), which serves as a clearinghouse for federal regulations. OMB has 90 days to complete its review. Following OMB approval, the Board will publish the guidelines. Until that time, the final guidelines will not be publicly available.

The Board’s guidelines by themselves are not enforceable or mandatory for entities covered by the ADA or ABA. Other agencies, such as the departments of Justice and Transportation under the ADA, and several others under the ABA, are authorized to set the design standards that must be met. Their standards are to be consistent with the Board’s guidelines. These agencies will update their enforceable standards based on the Board’s final guidelines. As part of this action, the agencies will specify when the updated standards take effect.

NCD Commends Bush Administration

NCD commends the Administration's ongoing support for the ADA. Millions of Americans with disabilities achieve increased productivity and independence as a result of the access provided by ADA enforcement. In response to recent cases involving the ADA, the U.S. Department of Justice has been consistent in actively defending the constitutionality of the ADA and the civil rights of individuals with disabilities.

Executive Order

On February 24, President Bush signed an executive order on human service transportation coordination that establishes an Interagency Transportation Coordinating Council on Access and Mobility. The Council will: (a) promote interagency cooperation and the establishment of appropriate mechanisms to minimize duplication and overlap of federal programs and services so that transportation-disadvantaged persons have access to more transportation services; (b) facilitate access to the most appropriate, cost-effective transportation services within existing resources; (c) encourage enhanced customer access to the variety of transportation and resources available; (d) formulate and implement administrative, policy, and procedural mechanisms that enhance transportation services at all levels; and (e) develop and implement a method for monitoring progress on achieving the goals of this order. In performing its functions, the Interagency Transportation Coordinating Council shall present to the President a report not later than one calendar year from the date of this order. The report shall (a) identify those federal, state, tribal, and local laws, regulations, procedures, and actions that have proven to be most useful and appropriate in coordinating transportation services for the targeted populations; (b) identify substantive and procedural requirements of transportation-related federal laws and regulations that are duplicative or restrict the laws' and regulations' most efficient operation; c) describe the results achieved, on an agency and program basis, in (i) simplifying access to transportation services for persons with disabilities, persons with low income, and older adults; (ii) providing the most appropriate, cost-effective transportation services within existing resources; and (iii) reducing duplication to make funds available for more services to more such persons; (d) provide recommendations to simplify and coordinate applicable substantive, procedural, and administrative requirements; and (e) provide any other recommendations that would, in the judgment of the Council, advance the principles set forth in this order.

Legislative Update

On December 9, 2003, the U.S. Senate passed the Social Security Protection Act of 2003 and sent it to the House, where it was passed on February 11, 2004, and was sent to the White House for the President’s signature. The bill when enacted into law will fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either (1) not an individual (that is, an organization) or (2) an individual serving 15 or more beneficiaries during any month. The bill defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. It excludes reissued benefits from an individual's resources.

NCD Quarterly Meeting and Forum

NCD will conduct its next quarterly meeting April 13-14 at the Hyatt Regency Tamaya Resort and Spa in Santa Ana Pueblo, New Mexico. NCD will also conduct a forum to discuss issues related to Native Americans with disabilities.