National Council on Disability
Quarterly Meeting

Renaissance Hotel
Washington, D.C.
December 4-5, 2002

MEMBERS
Lex Frieden, Chairperson
Patricia Pound, First Vice Chair
Glenn B. Anderson, Ph.D., Second Vice Chair
Milton Aponte
Robert R. Davila, Ph.D.
Barbara Gillcrist
Graham Hill
Joel I. Kahn
Young Woo Kang, Ph.D.
Kathleen Martinez
Carol Hughes Novak
Marco Rodriguez
David Wenzel
Linda Wetters

STAFF
Ethel D. Briggs, Executive Director
Jeff T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Martin Gould, Ed.D., Senior Research Specialist
Geraldine Hawkins, Ph.D., Program Specialist
Joan Durocher, Esq., Attorney Advisor
Allan Holland, Chief Financial Officer
Brenda Bratton, Executive Assistant
Stacey S. Brown, Staff Assistant

VISITOR
Kathy Brill, Parent
Harrisburg, Pa.

Robert Burgdorf, Jr., Professor
University of the District of Columbia, David A. Clarke School of Law
Washington, D.C.

Marca Bristo, President and CEO
Access Living of Chicago
Former Chairperson of NCD
Chicago, Ill.

Courtland Townes, III, Director of Advocacy and Public Policy
National Council on Independent Living
Arlington, Va.

Patrishia Wright, Director of Governmental Affairs
Disability Rights Education Defense Fund
Washington, D.C.

Jim Ward, Coordinator
ADA Watch
Washington, D.C.

Bob Ellison, Senior Vice President
Walls Communications, Inc.
Washington, D.C.

Lisa McDougal, Media Expert
Walls Communications, Inc.
Washington, D.C.

Margaret Kargbo, Media Expert
Walls Communications, Inc.
Washington, D.C.

Monday, December 4, 2002

NCD members received identification cards and participated in an orientation session.

CALL TO ORDER

Chairperson Lex Frieden called the meeting to order at 2:40 p.m. and welcomed members.

Motion 1
Ms. Barbara Gillcrist moved to accept the agenda. Passed.

Motion 2
Ms. Patricia Pound moved to accept the August quarterly minutes. Passed.

CHAIRPERSON'S REPORT

Mr. Frieden said that it is the chair's prerogative and responsibility to make a number of appointments to NCD committees and liaison positions.

He said he has asked Ms. Pound, Mr. Glenn Anderson, and Ms. Kathleen Martinez to serve on the Executive Committee. Ms. Kate Wolters is a holdover to this committee as chair of the Finance Committee; she will be replaced once a new Finance Committee chair has been appointed. Mr. Frieden said that the NCD Executive Committee, like that of many other organizations, functions between quarterly meetings to handle NCD business. The committee meets once a month.

Mr. Frieden said he has asked Dr. Robert Davila to chair NCD's Americans with Disabilities Act (ADA) Task Force. Ms. Gillcrist has agreed to serve on the Finance Committee. Ms. Carol Novak has been appointed liaison to the Centers for Disease Control and Prevention (CDC) activities with which NCD is involved, particularly prevention and issues dealing with children with disabilities. Ms. Martinez has agreed to serve as chair of the International Watch advisory committee.

Mr. Frieden said there are some vacant positions on committees. Two positions remain to be filled on the Finance Committee, including that of chair. Also in need of members are advisory committees related to youth and diversity and study teams on universal design and Medicaid. Mr. Frieden said that he would like to make appointments to the teams soon and assign liaisons to the advisory groups and to other agencies/organizations where NCD is requested to have representatives. Staff will provide a list to members within a few days to allow them to sign up as team members or as advisory group or agency/organization representatives.

Mr. Frieden described his meeting and swearing in at the White House. Chief-of-staff Andrew Card administered the oath of office, and the president was the witness. The swearing-in was held in the Oval Office; Mr. Frieden's wife and grandson were present. Mr. Frieden said that the President offered support to NCD to ensure fulfillment of its obligations. He was very interested in the high unemployment rate of people with disabilities, the difficulty of getting good medical care, the appropriate use of technology to benefit people with disabilities, and ADA.

EXECUTIVE COMMITTEE REPORT

Ms. Pound reported that the Executive Committee met in October and November. The committee meets the first Wednesday of every month via teleconference. The minutes from the October meeting were included in members' notebooks.

Ms. Pound gave a few highlights from the November meeting. She said that Mr. Jeff Rosen submitted a policy update covering the various reports in progress and the status of each report.

Ms. Wolters submitted a financial update related to the closeout of FY 2002 and the start of FY 2003. She said that Mr. Holland reported on the continuing resolution (CR) and how it affected NCD.

Ms. Pound added that most of the November teleconference was spent planning for NCD's quarterly meeting in December.

EXECUTIVE DIRECTOR'S REPORT

Ms. Briggs asked the staff members to introduce themselves. Mr. Frieden asked the same of NCD members.

2003 Work Plan Update

Ms. Briggs said the work plan was included in members' notebooks, and members should let her know if they had any questions or needed additional information.

She said that two issues are priorities for FY 2003; they are Medicaid/Medicare reform and universal design. Reports on other areas of study, including a cultural diversity initiative, are in progress or have been completed.

Ms. Briggs said that NCD is on a CR for FY 2003, waiting for Congress to approve its $2.8 million budget. NCD has submitted its FY 2004 budget request to the Office of Management and Budget (OMB).

Ms. Briggs said that an assessment had been completed that included several recommendations to help the agency improve its financial system. She said a corrective action plan has been developed to work on the recommendations, and that staff will report to the Executive Committee on the status of those recommendations.

Ms. Briggs was asked to describe how the work plan was organized. She said the work plan is based on the four following goals from the strategic plan:

. Enhancing the lives of people with disabilities of all ages and backgrounds through the development of policy recommendations.
. Educating the public and elected officials on disability issues.
. Promoting effective delivery of services and programs to underrepresented populations, such as people from diverse cultures, rural residents, and youth with disabilities.
. Making NCD a high-performance agency.

Ms. Briggs said that each goal includes several objectives, with action steps, time frames, and individuals responsible. She gave an example of some of the objectives under the fourth goal.

Legislative Update

Mr. Rosen reported the following:

When the 108th Congress convenes on January 7, 2003, members will be considering 11 annual nondefense appropriation bills, including the Labor-Health and Human Services (HHS)- Education Bill, in which NCD is included. Currently, a CR is keeping federal agencies operating at FY 2002 levels until January 11, 2003. There is speculation that the CR will continue for an undetermined length of time.

President Bush will likely introduce new plans for tax breaks and other measures designed to stimulate the economy.

A long list of legislative work critical to people with disabilities is scheduled to be taken up in the new Congress. Whether, when, and how these issues are addressed will depend in large part on the new committee chairpersons. Assignments for Senate committees will be determined in January. Senator Chuck Grassley (R-Iowa) is likely to chair the Senate Finance Committee, which has jurisdiction over the reauthorization of the welfare reform law, Temporary Assistance for Needy Families (TANF), which has been temporarily extended to March 31, 2003. Leadership of the Senate Health, Education, Labor, and Pensions (HELP) Committee, which has jurisdiction over the Individuals with Disabilities Education Act (IDEA) and may be considering expanding vouchers in special education, will likely switch to Senator Judd Gregg (R-N.H.). Senator Ted Stevens (R-Alaska) may be appointed chair of the Senate Appropriations Committee, which oversees the Labor-HHS-Education Bill, including IDEA funding. Senator Don Nickles (R-Okla.) is expected to assume the chair of the Senate Budget Committee, which will deal with spending in domestic discretionary programs.

Because partisan control in the House did not shift, House committees will face fewer changes than those in the Senate. There have been some signs that House Republican members will work with the Bush administration to push for increased state flexibility under the Medicaid programs by proposing a Medicaid block grant to give states wide flexibility on eligibility and coverage terms.

Other bills in the hopper are proposals for the following:

. Medicare drug benefit
. Patients Bill of Rights
. Mental Health Parity Act
. Family Opportunity Act for Medicaid buy-ins for modest-income families that have children with disabilities
. Lifespan Respite Care Funding Bill
. Examination of the State Children's Health Insurance Program

President Bush signed the election reform Help America Vote Act of 2002 into law on October 29. This act establishes requirements for voting systems used in federal elections that will allow voters to verify and correct their selections before casting a ballot, remove language barriers, and permit provisional voting where eligible voters are not listed on official registration lists. The law authorizes almost $3.9 million to cover the cost of these reforms, but Congress will have to include the funds when it passes appropriation bills. The act also contains key provisions on improving access to polling places and voting systems for persons with disabilities.

The law requires every precinct in the country to have at least one voting machine or system that is accessible to persons with disabilities, including those with vision impairments, by January 1, 2006. Access is required so that persons with disabilities have the same opportunity for participation, including privacy and independence, afforded other voters. The law authorizes $100 million in grants to improve access to polling places. It also provides $40 million in grants to state protection and advocacy organizations to help fund services such as training to enhance the participation of people with disabilities in the electoral process.

The law creates a new independent entity, the Election Administration Commission, to oversee the development of guidelines for voting systems that are to include provisions for accessibility. The guidelines are to be developed through several advisory bodies whose membership is detailed in the statute. The commission will also include voting system improvements and will administer various grant programs funded by the law. Within one year, the commission is to issue a report assessing human factors and the application of research to the design of voting products and systems to ensure their accuracy and usability.

NCD has heard concerns from the disability community that the requirement of an identification (ID) card will pose a challenge to many people with disabilities who lack drivers' licenses or other official IDs.

The disability community has also expressed concern about the Help America Vote Act's weak enforcement provisions and has noted that its "maintenance of effort" provisions will tempt some localities to scale back their own spending to improve voting accessibility.

President Bush has recently offered a proposal, called the Millennium Challenge Account, to set up a competition among the world's poorest nations for portions of a new $5 billion foreign aid fund. Under the plan, a federal corporation will be set up to administer the aid, and a cabinet-level panel will make decisions about distributing the money much as colleges assign scholarships. To win a grant, countries must demonstrate that they are curbing corruption, spending more on education, and following free-market economic principles. The Bush administration's concept is that countries with a demonstrated commitment to the rule of law and predictable and sound fiscal policies have the best chance of attracting private investors. The foreign aid grants would essentially amount to seed money. President Bush's aides indicated that grants might be given to nongovernmental organizations in some countries rather than just to the central government.

The proposal has yet to be submitted to Congress, but initial reports indicate that it has a good chance of passing. The new fund will be part of the Bush administration's budget request for fiscal year 2004.

NCD should consider whether it would be appropriate to recommend that this plan contain a provision requiring the inclusion of people with disabilities in foreign assistance funding. Staff will gather information to address this question.

Public Relations Update

Mr. Mark Quigley said that NCD has hired Walls Communications, Inc., which specializes in outreach to the media and to culturally diverse populations, as its public relations firm. NCD members will meet with representatives of the firm tomorrow for media training.

Mr. Quigley said that the latest report on mental health received more than 600 news clips since its release September 16, 2002, and that more than 9,000 copies were downloaded. He said the NCD Web site receives more than 3 million hits per year. The Web site is reaching new users and new audiences and has more return stakeholders. It is Section 508 accessible, and some reports are posted in Spanish, Chinese, and Vietnamese.

Mr. Quigley asked NCD members to review the communication strategy in their notebooks and provide him with feedback.

Ms. Briggs said that the tentative dates for the next two quarterly meetings are March 5--6 in Washington, D.C., and June 23--24 in New York City. Members will be notified when the dates are confirmed.

FINANCE COMMITTEE REPORT

FY 2002 Budget

Mr. Allan Holland reported that NCD ended its fiscal year in the black and will only lapse $1,000.

FY 2003 Budget

Mr. Holland said that NCD is on a CR until January 11, 2003, that allows the agency to spend only 28 percent of the $2,829,000 budget amount of fiscal year 2002. He said that it is likely the agency will be under a CR for the remainder of the fiscal year.

Mr. Holland said that the federal pay raise for employees has not been passed because Congress is trying to approve it from the overall budget appropriation. The President has recommended a raise of 3.1 percent, an amount already built into NCD's budget. Congress is looking at pay parity for federal employees with that of the military, which would mean a 4.1 percent increase; such an increase would affect the budget and require the agency to absorb the difference.

FY 2004 Budget

Mr. Holland reported that NCD had requested a budget for FY 2004 of $2,920,000, an increase from FY 2003. NCD received the passback from OMB, and the agency has been level-funded at $2,830,000. Mr. Holland said that appeals are due by December 6, 2003; however, he said, in the current climate, appeals are dead on arrival.

Mr. Holland said that he is working on a financial standard operating procedures manual with the assistance of the Treasury Department. A biannual audit is coming up in the spring. NCD is also considering changing its accounting and support services provider.

ADVISORY COMMITTEE REPORTS

International Watch

Ms. Martinez reported that International Watch met twice since the NCD meeting in Los Angeles. She said they are currently meeting as one group to advise on NCD's foreign assistance and international convention initiatives.

Ms. Martinez described the Postconflict Working Group, which originated as a subcommittee of International Watch and is chaired by William Kennedy Smith. This working group meets to discuss and monitor postconflict issues in foreign assistance.

She said the International Watch committee is working on the "Percy Plus" Amendment, which would amend the Foreign Assistance Act to include people with disabilities. (The name of the amendment refers to its similarity to the Percy Amendment, which included women in overseas programming). International Watch is developing a paper on the subject of including people with disabilities in overseas programming funded by the United States. The paper will outline the history, need, precedent, and potential impact of an amendment to the Foreign Assistance Act and will suggest legislative language. It will recommend an explicit provision within the amendment to create a dedicated office in the State Department to enforce the amendment. Mr. Eric Rosenthal, chair of Mental Disability Rights International, and Ms. Arlene Kanter, director of the Disability Law Clinic at Syracuse University, are writing the paper.

Ms. Martinez said that she and Mr. Frieden, along with other members of NCD, will meet with Mr. Rosenthal, Ms. Kanter, and a number of experts in international and disability law to work on legislative language similar to that of the Percy Amendment. The paper should be completed by mid-February, and the contractors will brief members of Congress on the published paper and disseminate it to the appropriate committees and caucuses in the Senate and House.

Ms. Martinez said that using the Percy Plus Amendment as a foundation for dialogue with members of Congress will help NCD staff and contractors begin the groundwork for congressional support for the International Convention on the Human Rights of People with Disabilities. She said that NCD staff and members met with a working group convened by the office of Senator Tom Harkin (D-Iowa) to discuss the work of the Ad Hoc Preparation Committee. Senator Harkin's office shared information from a congressional research survey that assessed the treatment of disability rights in national laws around the world and discussed feedback received from the U.S. and Mexican governments regarding a possible United Nations (UN) convention on the rights of people with disabilities.

Ms. Martinez said that NCD will prepare a document outlining the inroads it has tried to make with the State Department and will share the document with the working group when it reconvenes.

Youth Advisory Committee

Dr. Geraldine Hawkins reported that the members of the Youth Advisory Committee (YAC) were selected in February and September 2002. She said the YAC has established two working groups, one for education issues and one for networking/outreach.

The educations issues group will be an expanded version of the working group that was established to gather youth perspectives on IDEA. The group will gather youth perspectives on the reauthorization of the Rehabilitation Act and on the Higher Education Act.

The working group on networking and outreach will develop goals and objectives to be achieved through affiliations or communications with other disability-related organizations and agencies, as well as strategies for recruiting new YAC committee members from sections of the country not currently represented on the committee.

Dr. Hawkins provided the following quarterly update on YAC activities:

. Ms. Martinez participated in the YAC teleconference on October 23, 2002. Other NCD members are encouraged to take advantage of the meetings as opportunities to get a firsthand sense of the enthusiasm, dedication, commitment, and leadership abilities that young people with disabilities are demonstrating. Members are invited to encourage the YAC members as they work through policy issues that affect their lives and those of their peers around the country.

. In October 2002, two YAC members-Deanna Lambert of Arkansas and charter member Eric Peebles of Ohio-volunteered to participate with Dr. Hawkins in a discussion with doctoral students and faculty at the University of Kansas. The discussion centered on the transition from secondary school to postsecondary education and other adult living activities. Ms. Lambert and Mr. Peebles were candid and eloquent as they provided the perspective of young people on state and regional issues and shared their personal stories.

. In November 2002, four YAC members volunteered for the networking and outreach group. They are formulating guidelines for potential areas of focus and actions to bring before the full committee at its January meeting.

. On December 2, 2002, the YAC report regarding the IDEA inquiry was posted on the NCD Web site.

The next YAC meeting is scheduled for January 24, 2003, at noon, EST.

Cultural Diversity Advisory Committee

Dr. Hawkins provided the following quarterly update on the activities of the Cultural Diversity Advisory Committee (CDAC):

. Members of the committee have answered the call to assist NCD in a number of capacities related to the People with Disabilities on Tribal Lands project. For example, a CDAC member serves on the project advisory board.

. The CDAC executive group held procedural discussions in October and November 2002. Among the suggestions resulting from those discussions was that CDAC would form three working groups to carry out tasks, based on NCD's priorities, on behalf of the disability community.

. At the meeting on December 3, 2002, it was agreed that CDAC would form the following three working groups: reauthorization (of education issues), communication and outreach, and cultural diversity initiatives.

Dr. Hawkins said that the minutes from the December 3 meeting would be posted on the NCD Web site in mid-December. The committee will notify NCD members and staff of the date of its February 2003 meeting.

Dr. Hawkins voiced her appreciation of Mr. Milton Aponte's comments and interest in working with NCD advisory committees on youth and cultural diversity and of Mr. Marco Rodriguez's interest in working with the YAC.

RECESS

The meeting recessed at 5:00 p.m.

Ms. Yoshiko Dart sponsored a reception that included a ceremonial swearing in of new members.Tuesday, December 5, 2002

Mr. Frieden reconvened the meeting at 9:15 a.m.

ADA PANEL

Dr. Davila introduced the panelists, who made presentations on various aspects of and concerns about ADA. The panelists introduced themselves and discussed their relationship to ADA and its movement from the beginning to the present. The following individuals presented:

Marca Bristo, former chairperson of NCD, president and CEO, Access Living, Chicago, Ill.

Robert Burgdorf, Jr., professor, University of the District of Columbia David A. Clarke School of Law, Washington, D.C.

Courtland Townes, III, director of advocacy and public policy, National Council on Independent Living, Arlington, Va.

Jim Ward, coordination, ADA Watch, Washington, D.C.

Patrishia Wright, director of governmental affairs, Disability Rights Education and Defense Fund, Washington, D.C.

A question-and-answer period followed the presentations.

MEDIA TRAINING

Ms. Briggs said that NCD has been working with Walls Communications, Inc., to get its messages out to the public. She said that NCD members will be asked to represent NCD to various media. In addition, she said, NCD sometimes sends out audio news releases, particularly to media serving people in culturally diverse communities.

Ms. Briggs introduced Mr. Bob Ellison, vice president of Walls Communications, and his associates, Ms. Lisa McDougal and Ms. Margaret Kargbo, who assisted with the media training.

Mr. Ellison said that the training would focus on one thing: staying on message. Ms. McDougal gave an overview of how to handle the media.

Each of the members participated in taped role-play interviews. Walls staff will critique the interviews and provide feedback at the next NCD meeting.

UNFINISHED BUSINESS

Mr. Frieden said that this was not a typical NCD meeting, because it included an orientation, submission of reports, a reception, and planning and training programs. He discussed NCD's meeting format and asked for suggestions from NCD members.

Ms. Briggs said that notice of NCD quarterly meetings is published in the Federal Register at least 30 days in advance. Media advisories are sent to NCD's listserv and published on the U.S. Newswire. Media notices are key when NCD is holding a meeting outside Washington, D.C., particularly if NCD is having a hearing or a briefing. The meeting can be announced in the local newspaper and by area organizations.

NEW BUSINESS

There was none at this time.

ADJOURNMENT

Motion 3
Ms. Pound moved to adjourn the meeting. Passed.

The meeting adjourned at 12:25 p.m.