Lex Frieden, Chairperson
July 2004

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

NCD Celebrates Anniversaries; Releases History
On July 24, NCD celebrated the 14th anniversary of the Americans with Disabilities Act (ADA) and the 20th anniversary of NCD as an independent federal agency at a reception at the John F. Kennedy Center for the Performing Arts in Washington, DC. Former Connecticut Governor and U.S. Senator Lowell P. Weicker delivered the keynote address.

(From left to right: Dave Wenzel (partial), Lex Frieden, Lowell Weicker, Joe Dusenbury, Yoshiko Dart, Sandra Swift Parrino, Rebecca Hare.)

In its 1986 report Toward Independence, NCD first proposed that Congress should enact a civil rights law for people with disabilities. ADA was signed into law on July 26, 1990. ADA was landmark legislation that broke down barriers that stood in the way of people with disabilities in the areas of employment, public service, public accommodations, and telecommunications. It promoted an America in which all people have the right to reap the benefits of and contribute to our society.

As we observe the 14th anniversary of ADA, we in fact are honoring the many thousands of people who dedicated their time and talents to its creation and passage. Their actions established a firm foundation so that ADA would become a reality.

In observing the 20th anniversary of NCD as an independent federal agency, we salute current and former members, staff, fellows, and interns who have worked to fulfill the intent of Congress for NCD to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and to empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.

We honor one of those extraordinary individuals—former Governor of Connecticut and U.S. Senator Lowell P. Weicker, Jr.—for his preeminent role in helping make ADA a reality and for making NCD an independent federal agency. We do this by presenting Senator Weicker with an award named after another great leader—Justin Dart, Jr. In doing so, we also honor the millions of people with disabilities who struggle to fulfill the American dream.

During his opening remarks, NCD Chairperson Lex Frieden released National Council on Disability: 20 Years of Independence, which chronicles NCD’s history. The report can be found at http://www.ncd.gov/newsroom/publications/2004/twentyyears.htm.

A Web version of the Kennedy Center program can be found at http://www.ncd.gov/newsroom/publications/2004/anniversarycelebration.htm, with links to introductory remarks by former NCD Chairperson Sandra Swift Parrino, to Senator Weicker’s keynote address, and to the broadcast archives of the Kennedy Center Millennium Stage performances by Hunter Ramseur and Scott McCall, and the Dionysus Theatre Troupe.

NCD, Homeland Security, Travel Tips
On July 29, the U.S. Department of Homeland Security presented NCD with an award “in appreciation for partnering initiatives, diligent efforts, support, and steadfast commitment in the creation and continuance of the Transportation Security Administration’s Screening of Persons with Disabilities Program.”

The Transportation Security Administration (TSA), a division of the Department of Homeland Security, responsible for protecting the nation’s transportation system, has posted updated guidance for air travelers, including those with disabilities, on security screening procedures. This information explains the rights of passengers with disabilities and details necessary screening procedures. Guidance is provided concerning different types of disabilities and assistive devices. The tips are posted on at www.tsa.gov/public/display?theme=156.

President Signs ADA Executive Order and Issues Proclamation
On July 23, in honor of the 14th anniversary of the signing of ADA, President George W. Bush met with people with disabilities, federal workers involved with homeland security, and Secretary Tom Ridge in the Oval Office. The President signed an Executive Order regarding emergency preparedness for people with disabilities before traveling to the Northeastern Illinois Public Safety Training Academy in Glenview, Illinois, where he made remarks on homeland security.

The President realizes that individuals with disabilities may require special plans for emergencies, and this Executive Order emphasizes the importance of implementing emergency preparedness plans that accommodate individuals with disabilities. The Executive Order also establishes an Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities that will help agencies and private individuals and organizations take into account the unique needs of individuals with disabilities in their emergency preparedness planning.

In February 2001, the President announced his New Freedom Initiative—a comprehensive program to promote the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting increased access to daily community life. The meeting in the Oval Office reflects the President’s ongoing commitment to ensure that Americans with disabilities are able to enjoy all the opportunities our nation has to offer.

For more information on the President’s New Freedom Initiative and a 2004 New Freedom Initiative progress report, go to http://www.whitehouse.gov/infocus/newfreedom/.

On July 26, President Bush issued the following ADA proclamation:

The Americans with Disabilities Act of 1990 (ADA) marked a milestone in our nation’s quest to guarantee the civil rights of all citizens. The ADA is a success story that has strengthened the foundation for an America where we celebrate the talents and abilities of every person.

On the 14th anniversary of this landmark legislation, we recognize the important progress the ADA has brought about for our citizens and our nation. Today, individuals with disabilities are better able to develop meaningful skills, engage in productive work, and participate fully in society. Yet, our work is not finished. The millions of Americans with disabilities continue to face both physical barriers and false perceptions. Removing those obstacles requires a determined and focused commitment to the goals of the ADA: equality of opportunity, economic self-sufficiency, full participation, and independent living.

My administration continues its work to achieve these goals. My New Freedom Initiative, announced in February 2001, sets out a comprehensive strategy for the full integration of people with disabilities into all aspects of American life. The Department of Justice has established the ADA Business Connection to build partnerships between the business community and people with disabilities. This program helps increase voluntary compliance with the ADA and brings individuals with disabilities into the mainstream of our economy. Through Project Civic Access, we have reached agreements with cities and towns across the country to ensure that people with disabilities are integrated into community life. In addition, I have signed executive orders that remove barriers to equal opportunities faced by people with disabilities.

On July 22, 2004, I signed an Executive Order that makes government agencies responsible for properly taking into account agency employees and customers with disabilities in emergency preparedness planning and coordination with other government entities. To help coordinate this effort, the Executive Order establishes the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities.

I also signed an Executive Order on February 24, 2004, to improve transportation for people who are transportation-disadvantaged, including people with disabilities. This order helps federally assisted community transportation services provide seamless, comprehensive, and accessible transportation services to people who rely on transportation services for their lives and livelihood.

My administration has also begun implementing the recommendations of the New Freedom Commission on Mental Health. The commission was established by Executive Order and its report lays out steps that can be taken to improve mental health services and support for people of all ages with mental illness.

By striving to ensure that no American is denied access to employment, education, cultural activities, or community life because of a disability, we strengthen our nation. Through these and other efforts, we will continue to build on the progress of the ADA, and, by doing so, hold fast to our nation’s faith in the promise and potential of every person.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2004, as a day in celebration of the 14th Anniversary of the Americans with Disabilities Act. I call upon all Americans to celebrate the contributions people with disabilities make to America and to renew our commitment to upholding the fundamental principles of the Americans with Disabilities Act.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth.

GEORGE W. BUSH

The ADA proclamation is available at http://www.whitehouse.gov/news/releases/2004/07/20040726-5.html.

Access Board Publishes ADA and ABA Accessibility Guidelines
On July 23, the U.S. Access Board publish long-awaited revised guidelines for facilities covered by ADA and the Architectural Barriers Act (ABA). The new guidelines feature updated provisions and various revisions that will improve access in new construction and alterations while facilitating compliance. They will replace the Board’s ADA Accessibility Guidelines, which were first published in 1991, and earlier guidelines issued under ABA for federally funded facilities.

Copies of the new guidelines can be found at http://www.access-board.gov/ada-aba.htm.

EEOC Update
On July 28, the U.S. Equal Employment Opportunity Commission (EEOC) released a new fact sheet addressing the workplace rights of people with epilepsy under ADA. Title I of ADA, which is enforced by EEOC, protects qualified individuals with disabilities from discrimination by private and state and local government employers with 15 or more employees.

According to the Centers for Disease Control and Prevention, about 2.3 million people in the United States have some form of epilepsy, with more than 180,000 new cases diagnosed each year in Americans of all races and ages. Epilepsy is a general term that includes various types of seizures. A seizure happens when abnormal electrical activity in the brain causes an involuntary change in body movement or function, sensation, awareness, or behavior. People diagnosed with epilepsy have had more than one seizure.

The Epilepsy Foundation and other organizations point out that most people with epilepsy will probably never have a seizure on the job, and people with epilepsy do not have more accidents on the job than those without epilepsy or raise an employer’s insurance premiums.

EEOC’s new fact sheet explains the following:

• When epilepsy is a “disability” within the meaning of ADA;


• When employers may (and may not) ask applicants and employees about their epilepsy;


• Reasonable accommodations that some people with epilepsy may need to work, most of which involve no cost; and


• How employers should deal with safety concerns that they may have about employees with epilepsy.

This publication is the second in a series of EEOC fact sheets focusing on particular disabilities in the workplace. Last October, the EEOC released a fact sheet on ADA and people with diabetes (http://www.eeoc.gov/facts/diabetes.html).

The fact sheet can be accessed at http://www.eeoc.gov/facts/epilepsy.html.

Paul Steven Miller, the second-longest serving commissioner in the 40-year history of EEOC, will end his decade-long tenure effective Aug. 15.

“Our nation has been enriched by having Paul Miller’s intellect and passion devoted to furthering the mission of equal employment opportunity,” said EEOC Chair Cari M. Dominguez. “He has served his country well. We have been privileged to work with him and look forward to his continued contributions to our society.”

During his tenure, Miller visited every state in the union to reach out to EEOC’s diverse range of stakeholders, educating workers about their rights, informing employers about their responsibilities, and examining strategies for reducing discrimination in the workplace. He was first nominated by President Bill Clinton as an EEOC commissioner in May 1994 and was unanimously confirmed by the Senate several months later. Since then, Miller has twice been unanimously confirmed as a commissioner by the Senate.

As a member of EEOC, he was instrumental in the development and approval of EEOC enforcement and litigation policy. Additionally, as one of the nation’s leading experts in disability law, Miller was involved in every aspect of EEOC’s enforcement of the Americans with Disabilities Act of 1990 and was actively engaged in international civil rights issues.

“When I arrived in 1994, ADA had only recently become fully implemented,” Miller said. “Since then, the EEOC has issued many policy guidances which have been helpful to stakeholders and courts alike in understanding this new civil rights law. I was honored to play a role in helping to realize the promise of ADA. It has also been exciting and challenging to look into the future of civil rights in the workplace as we seek to develop protections to safeguard workers from genetic discrimination.”

IDEA/NCLB Update
The Chairman and Ranking Minority Members of the Senate Health, Education, Labor and Pensions (HELP) and House Education and the Workforce Committees met briefly to discuss the reauthorization of the Individuals with Disabilities Education Act (IDEA). They decided to attempt to reach agreement on IDEA upon their return in September.

On July 15, the Government Accountability Office (formerly the General Accounting Office) released a new report (GAO-04-659) saying additional assistance and better coordination are needed among the Department of Education offices to help states meet the No Child Left Behind (NCLB) teacher requirements.