Lex Frieden, Chairperson
April 2005

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 to the new NCD listserv, go to http://listserv.access.gpo.gov, click on Online mailing list archives, select NCD-NEWS-L, click on Join or leave the list, then complete the short subscription form. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

NCD Announces Two New Projects
Financial Incentives Study

On March 29, NCD published a presolicitation notice in Federal Business Opportunities (http://www.fedbizopps.gov) to conduct a Financial Incentives Study for people with disabilities (Solicitation Number NCD05-03).

NCD is conducting a series of interrelated studies aimed at improving the employment of people with disabilities. The first two studies that will address both public and private policies and initiatives are the Social Security/Transitioning to Work Study and the Employment Study. As the third study in the NCD series, the proposed Financial Incentives Study should (a) identify, among other tasks, what factors influence the use of financial incentives by employers, employees, and potential employees who are people with disabilities; (b) assess what is needed to address those factors to increase the use of existing incentives and/or create new incentives; (c) look within and beyond the workplace regarding the potential role of financial incentives in the increased hiring of people with disabilities with respect to aspects of living that also affect obtaining and maintaining meaningful employment (e.g., affordable and accessible assistive technology, housing, transportation, health care, personal assistance, and other supports); (d) set forth a model that provides economic analysis of benefits to costs for employers, and (e) as appropriate, reflect connections with NCD’s Social Security and employment studies. This could include final report recommendations for necessary legislative, regulatory, and administrative changes or new actions that benefit both employers and people with disabilities. The estimated contract is for 12 months. NCD began distributing its Financial Incentives Study Request for Proposals (RFP) to interested parties on April 29, 2005.

NCD expects interested parties to submit their responses by June 14, 2005. Copies of the RFP may be requested by mail or picked up on or after the issue date of April 29, 2005. All requests must reference the RFP number (NCD05-03) and title (Financial Incentives Study). For more information, contact Gerrie Hawkins, Ph.D., 1331 F Street, NW, Suite 850, Washington, DC 20004, ghawkins@ncd.gov.

Americans with Disabilities Act Implementation Project

On April 28, NCD published a presolicitation notice in Federal Business Opportunities (http://www.fedbizopps.gov) to conduct an Americans with Disabilities Act Implementation Project (Solicitation Number NCD05-04).

NCD is responsible for gathering information about the implementation, effectiveness, and impact of the Americans with Disabilities Act (ADA).

NCD’s work in this area over the past three years has focused on identifying problems or gaps in ADA implementation and understanding what factors enhance or impede ADA implementation. In the 2003-2004 “Righting the ADA” project, NCD analyzed the effects of unfavorable Supreme Court interpretations in ADA cases and developed legislative recommendations for restoring ADA to its original intent. NCD is currently conducting an ADA impact study, gathering information about the impact of ADA and determining whether the law’s goals are being achieved. Building on findings from this earlier work, NCD would like to bring together ADA stakeholders to develop recommendations on how to improve ADA implementation and make its goals a reality for individuals with disabilities.

The contractor will establish a mechanism whereby ADA stakeholders, including people with disabilities, businesses, employers, state and local governments, and federal agencies, can engage in a national dialogue on ADA and examine strategies for more effectively implementing it. The contractor must demonstrate the ability to successfully identify and reach out to relevant stakeholders, facilitate consensus building among groups with different perspectives and interests, and assist NCD in developing an effective public information and awareness campaign. Based on stakeholder input, the contractor will prepare a final report with specific recommendations for improving ADA implementation.

The estimated contract period is 12 months. NCD will distribute its Americans with Disabilities Act Implementation Project Request for Proposals (RFP) to interested parties on May 15, 2005. NCD will expect interested parties to submit their responses by June 20, 2005. Copies of the RFP may be requested by mail or picked up at NCD on or after the issue date of May 15, 2005. All requests must reference the RFP number (NCD05-04) and title (Americans with Disabilities Act Implementation Project). 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 Seeking Written Testimony on Impact of ADA

NCD is collecting written testimony from people with disabilities, their families, and their advocates on the impact of ADA has had on their lives.

Testimony is sought regarding the extent to which ADA has achieved its goals of equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The information received will be added to a body of data currently being assembled from a variety of sources to be analyzed and transmitted to the President and Congress in a report to be published in late 2005.

Testimony is sought regarding telecommunications, employment, public services, and public accommodations operated by private entities. General comments are also welcome.

Please send written comments to arrive on or before May 15, 2005, to Julie Carroll, National Council on Disability, 1331 F Street, NW, Suite 850, Washington, DC 20004 or to jcarroll@ncd.gov.

NCD Makes Emergency Planning Recommendations

On April 15, NCD released its report Saving Lives: Including People with Disabilities in Emergency Planning (http://www.ncd.gov/newsroom/publications/2005/saving_lives.htm), recommending immediate federal changes in emergency planning for people with disabilities.

Saving Lives provides an overview of steps the Federal Government should take to build a solid and resilient infrastructure that will enable the government to include the diverse populations of people with disabilities in emergency preparedness, disaster relief, and homeland security programs. This infrastructure would incorporate access to technology, physical plants, programs, and communications. It also would include procurement and emergency programs and services.

NCD commends the Administration and those in leadership positions for the issuance of the July 22, 2004, Executive Order on people with disabilities and emergency preparedness. In addition, NCD acknowledges the work of the Department of Homeland Security (DHS) and the Federal Communications Commission (FCC) in their efforts to ensure that Americans with disabilities are included in the developing infrastructure.

All too often in emergency situations the legitimate concerns of people with disabilities are overlooked or swept aside. In areas ranging from accessibility of emergency information to evacuation plans for high-rise buildings, great urgency surrounds the need for responding to the concerns of people with disabilities in all planning, preparedness, response, recovery, and mitigation activities. The homeland security terrorist event of September 11, 2001, as well as recent energy blackouts in the U.S. Northeast and Midwest and, more recently, the natural disaster hurricane events in Florida and the tsunami event of December 26, 2004, underscore the need to pay attention to the concerns raised in this report.

The decisions the Federal Government makes, the priority it accords to civil rights, and the methods it adopts to ensure uniformity in the ways agencies handle their disability-related responsibilities are likely to be established in the early days of an emergency situation and to be difficult to change if not set on the right course at the outset. By way of this report, NCD offers advice to assist the Federal Government in establishing policies and practices in these areas. This report gives examples of community efforts with respect to people with disabilities, but by no means does it provide a comprehensive treatment of the emergency preparedness, disaster relief, or homeland security program efforts by state and local governments.

Key Recommendations

• DHS should establish a Disability Access Advisory Group, in addition to the Interagency Coordinating Council on Emergency Preparedness, made up of qualified people with disabilities and others with disability-specific disaster experience who meet regularly with senior officials to discuss issues and challenges.

• The DHS Directorate of Emergency Preparedness and Response should integrate information on people with disabilities into general preparedness materials. It also should inform readers and information users on how to get access to more customized materials.

• The DHS Office of Civil Rights and Civil Liberties should regularly issue guidance for state and local emergency planning departments to reinforce their legal obligation to comply with ADA and Sections 504 and 508 of the Rehabilitation Act in planning for, operating, and managing programs and services such as Citizen Corps, shelters, and other disaster services.

• The FCC should develop stronger enforcement mechanisms to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, comply with their obligation to make emergency information accessible to people with hearing and vision disabilities. It should act immediately on violations and be proactive on Section 255 hearing aid compatibility.

Legislative Update
Video Description Restoration Act of 2005

On February 17, 2005, the Video Description Restoration Act (H.R. 951) was introduced in the U.S. House of Representatives. This bill reinstates the Federal Communications Commission’s (FCC) rules for the description of video programming by considering authorized and ratified by law the video description rules in the year 2000 FCC report and order identified as the Implementation of Video Description of Video Programming. On March 22, 2005, H.R. 951 was referred to the Subcommittee on Telecommunications and the Internet.

Christopher Reeve Paralysis Act

The Christopher Reeve Paralysis Act has been introduced as legislation in both houses of the U.S. Congress. H.R. 1554 was introduced April 12, 2005, in the U.S. House of Representatives and S. 828 was introduced April 18, 2005, in the U.S. Senate. These bills aim to enhance and further research into paralysis and improve rehabilitation and the quality of life for people living with paralysis and other physical disabilities, and for other purposes. H.R. 1554 has been referred to the House Subcommittee on Health. S. 828 has been referred to the Senate Committee on Health, Education, Labor, and Pensions.

Television Information-Enhancement for the Visually Impaired Act of 2005

On April 26, 2005, the Television Information-Enhancement for the Visually Impaired (TIVI) Act of 2005 (S. 900) was introduced in the U.S. Senate. This bill would require television broadcasters, during at least 50 hours of their prime-time or children’s programming every quarter, to insert verbal descriptions of actions or settings not contained in the normal audio track of the program. S. 900 would reinstate the Federal Communications Commission’s rules for the description of video programming. This bill was referred to the Senate Committee on Commerce, Science, and Transportation.