NATIONAL COUNCIL ON DISABILITY
Quarterly Meeting

Hyatt Regency Capitol Hill
Washington, DC
June 10-11, 2002

MEMBERS

Present
Marca Bristo, Chairperson
Hughey Walker, Second Vice Chairperson
Yerker Andersson, Ph.D.
Dave Brown
John D. Kemp
Audrey McCrimon
Gina McDonald
Bonnie O'Day, Ph.D.*
Lilliam Rangel-Diaz
Debra L. Robinson
Ela Yazzie-King

Absent
Kate P. Wolters, First Vice Chairperson

STAFF

Present
Ethel D. Briggs, Executive Director
Jeffrey T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Kathleen Blank, Attorney/Adviser
Martin Gould, Ph.D., Director of Research
Gerrie Hawkins, Ph.D., Program Specialist
Allan Holland, Chief Financial Officer
Brenda Bratton, Executive Secretary
Pamela O'Leary, Interpreter
Joan Durocher, Esq., NCD Fellow

GUESTS

*Present Monday only

Monday, June 10, 2002

Team meetings were held from 9:00 a.m. to 12:30 p.m.

CALL TO ORDER

Chairperson Marca Bristo called the meeting to order and welcomed visitors at 1:30 p.m.

ACCEPTANCE OF THE AGENDA

Ms. Bristo made two modifications to the agenda: Item 8, the Finance Committee report, would be the last report of the day, and an Executive Committee session would be held at the end of the day.

Motion 1
Ms. McCrimon moved to accept the agenda with the noted changes. Passed.

APPROVAL OF MINUTES

Motion 2
Mr. Walker moved to accept the February quarterly minutes. Passed.

CHAIRPERSON'S REPORT

Ms. Bristo said that President Bush has identified 10 people to replace members whose terms have expired. Six of the nominees have cleared the White House, and their names have been sent to the Senate. She does not know when the Senate will take action on the appointments.

Ms. Bristo thanked Dr. Andersson, the International Watch Advisory Committee, and staff for their hard work on the April 8 summit, which focused on traditional civil rights, human rights, and disability rights organizations and the call for an international convention on the rights of people with disabilities. She said NCD will hold a press conference on June 12 to communicate the disability community's readiness to step forward on this important initiative.

Ms. Bristo expressed special thanks to Ms. Blank, who will be resigning from NCD on June 14, and wished her well.

She also thanked Ms. Rangel-Diaz, who testified before the House Committee on the Individuals with Disabilities Education Act (IDEA).

Finally, Ms. Bristo expressed her personal sadness at the loss of Richard Wolters. She said that Ms. McCrimon helped compose a message to Kate Wolters conveying NCD's condolences. Ms. Bristo asked for a moment of silence to remember Richard and Kate and the many ways they have contributed to NCD and to public policy in the lives of disabled people in the United States.

EXECUTIVE COMMITTEE REPORT

Ms. Bristo referred members to the minutes of the Executive Committee meeting of May 1, 2002, which were included in the meeting notebooks.

Motion 3
Dr. Andersson moved to ratify the actions taken by the Executive Committee. Passed.

EXECUTIVE DIRECTOR'S REPORT

FY 2002 Work Plan Update

Ms. Briggs reported the following:

A cooperative agreement has been signed with Kauffman and Associates for the Native American/Alaska Native project. The contract began May 30, 2002, and the completion date is January 15, 2003.

The Urban Institute is the contractor for the delinquency prevention and juvenile justice study. Letters have been sent to eight key individuals asking them to participate in the structured interviews for the study.

NCD is continuing to work on the reauthorization of IDEA, the Rehabilitation Act, and Temporary Assistance for Needy Families (TANF). [Eileen P. Sweeney, Center on Budget and Policy Priorities, will brief members on TANF tomorrow.

NCD has sent letters to the Senate Finance Committee and the Health, Education, Labor, and Pensions Committees, calling attention to several unintended and negative consequences of the TANF program on the disability community.

Four chapters of the Olmstead report have been submitted to NCD; the entire draft is expected by the end of the week.

The Section 504 report has undergone external review; unresolved issues will be discussed later in the team report.

The Civil Rights for Institutionalized Persons Act (CRIPA) study is under way.

Staff have met with the Department of Transportation, the Department of Education, and key congressional staffers regarding the NCD report Reconstructing Fair Housing. NCD staff are hopeful that there will be a hearing on fair housing on June 25. NCD will be asked to submit testimony.

The draft FY 2004 budget request is included in the members' notebooks and will be discussed later, during the Finance Committee report. The FY 2003 budget request was submitted to the Office of Management and Budget (OMB) in September. There will be no appropriations hearing for the FY 2003 budget request.

Progress Report

Ms. Briggs said that the progress report is being edited. It will be released on July 26.

Legislative and Public Affairs Updates

The legislative and public affairs updates were postponed until later in the meeting.

TEAM REPORTS

Section 504

Mr. Brown said that the report on Section 504 of the Rehabilitation Act has run into some significant problems, and the committee has had lengthy discussions about what needs to be done.

The contractor began work in September 2000. In the fall of that year, they submitted a copy of the first chapter, as well as monthly progress reports. In addition, they participated in conference calls with NCD staff.

In July 2001, the contractor submitted the first draft. There were significant problems with the organization and content, as well as the depth of the analysis on which the findings and recommendations were based. NCD provided feedback and worked with the contractor to redo major sections of the report.

In November and December, the contractor submitted two redrafts to the committee. In January, the committee sent the report out for external review. The reviewers raised some issues and concerns, which were forwarded to the contractor, who prepared a fourth draft. In March, NCD sent a copy of this draft to the Departments of Labor, Health and Human Services, Education, State, and Interior for their comments. The departments raised questions about the analysis used in the report, the fact that major portions of the work they were doing were not included in the report, and many factual inaccuracies.

Mr. Brown said that staff have suggested that the report's scope be reduced. If this option is chosen, NCD will seek a contractor to draft an abbreviated report.

CRIPA and Olmstead

Ms. McDonald reported that the final draft of the CRIPA study is due on June 10. The major sections of the report have been reviewed and the committee is in close contact with the lead investigator, Bob Williams.

Ms. McDonald reported that one of the key staff members of the Olmstead report resigned in the fall, which put the study behind schedule. However, the information and reports NCD has received so far have been very good. The final draft is due on June 14.

Motion 4
Mr. Brown moved to accept the CRIPA and Olmstead reports. Passed.

Native American/Alaska Native Project

Ms. Yazzie-King reported that Kauffman and Associates have been selected to conduct the Native American/Alaska Natives project. The work began on May 31, 2002, and is scheduled to be completed in January 2003.

Mr. Rosen said that NCD received 22 proposals, which were rated by two panels. Robert Shuckahosee will serve as an advisor to NCD and Kaufman on this contract.

ADVISORY COMMITTEE REPORTS

Cultural Diversity

Mr. Walker said that the committee has several new members and will hold its first meeting on July 25.

Mr. Rosen said the committee members are very positive and eager to work. They will focus on developing a set of principles on cultural diversity for federal agencies and conducting an outreach effort that seeks input on those principles.

International Watch

Dr. Andersson noted that there are three subcommittees under International Watch: International Convention, Foreign Assistance, and the Post Conflict Group.

He reported that Dr. William Kennedy Smith, chairman of the Post Conflict Group, visited Afghanistan to study what was happening to people with disabilities. He met with Abdula Wardack, Afghan Minister of Martyrs and the Disabled. Dr. Smith asked NCD to host a meeting of approximately 10 representatives from various organizations at the NCD office to meet with Minister Wardack, who is visiting the United States.

On April 11, Dr. Andersson was asked to welcome the Afghan minister at the National Press Club.

The North American Collaborating Center hosted a meeting in Canada June 2-4, 2002, that focused on research scientists with disabilities.

Dr. Andersson attended the World Health Organization conference on disability in Italy in April. The focus of the meeting was to establish a link between disability and health.

He also attended a UN meeting at which a representative from Mexico proposed the establishment of the UN Convention on the Human Rights of People with Disabilities. The United States did not support this convention for a variety of reasons. On June 12, NCD will released a white paper, An International Convention on the Human Rights of People with Disabilities.

Dr. Andersson thanked Ms. Blank and Joelle Balfe for their hard work in preparing for the International Summit that will commence on June 12. Following the summit, the U.S. Commission on Disability and the American Association of Persons with Disabilities will host a meeting with grassroots organizations.

Youth

Ms. Yazzie-King reported that two new members have been added to the committee, which will meet in Washington, DC, in July. She said that RSA Commissioner Joanne Wilson participated in the committee's last conference call.

FINANCE COMMITTEE REPORT

Draft FY 2004 Budget Request

Ms. McCrimon referred members to the outline for the FY 2004 budget proposal in their notebooks.

FY 2002 Budget Status Report

Ms. McCrimon said that members would also find the monthly report and narrative in their notebooks. She noted the nonchanging status of the gift account. (NCD voted to freeze the account over a year ago; it cannot be used until consultation with OMB.)

She said that the budget reflects a surplus in 2002. NCD was on a continuing resolution for most of the first quarter. During this time, NCD could not obligate funds for new activities. Since this is a year of member transitioning, NCD has asked for an off-year audit to review its financial systems.

Erin Singshinsuk of Soza & Company addressed NCD members and staff on the scope and standards of the audit. She discussed the findings, as well as areas for improvement and greater compliance with laws and regulations. Ms. Singshinsuk said that the auditors found significant internal control weaknesses with the accounting records maintained by the General Services Administration (GSA).

She said that Soza tried to compile the accounting records for FY 2001 and recompile those for FY 2000 to conduct a comparison, but the GSA did not have documentation available for how they convert the accounts from the NEAR system to the USSGL system.

Ms. Singshinsuk said Soza has spoken with the Finance Committee, NCD staff, and (at the request of NCD) OMB. The choices at this point are (1) to continue with the audit and request a disclaimer; (2) to accept a financial assessment of NCD's current financial situation, which would include the internal control weaknesses; or (3) to delay the opinion. She described the procedures Soza followed in conducting the assessment.

Ms. McCrimon noted that Soza recommended that NCD accept a financial assessment.

Ms. Bristo said that the staff would develop a plan to address the findings in the assessment.

Recess

The meeting recessed at 5:00 p.m.

Tuesday, June 11, 2002

Ms. Bristo reconvened the meeting at 9:00 a.m. She introduced Eileen P. Sweeney from the Center on Budget and Policy Priorities.

BRIEFING ON TANF

Ms. Sweeney introduced herself to the members and staff. She was the director of government affairs at the Children's Defense Fund for 6 years; before that, she worked on disability issues at the National Senior Citizens Law Center, where she was employed for 11 years. Her organization studies issues relating to individuals with low to moderate incomes. She is presently working on a project that deals with welfare issues, mainly in the states.

Ms. Sweeney said that the Consortium for Citizens with Disabilities (CCD) has organized a task force on TANF; it is jointly chaired by Paul Marchand, Association of Retarded Citizens; Laurie Stein, The Bazelon Center; and Kristen Beronio, National Mental Health Association.

She spoke about the problems people with disabilities encounter with TANF and the status of TANF reauthorization.

She said the General Accounting Office (GAO) has confirmed that 44 percent of parents on TANF have mental or physical disabilities. Thirty-eight percent of TANF recipients in 1999 reported impairments severe enough that they needed help to perform more than one activity of daily living.

Mental health problems and clinical depression are fairly common. In the Michigan study, 25 percent of TANF recipients had major clinical depression and 14 percent reported posttraumatic stress disorder.

Ms. Sweeney gave statistics for various disabilities in different states. She said that many child recipients also have health problems, and their parents must provide for extra care or full-time care to help them at school.

She noted that TANF funding is very flexible.

Ms. Sweeney said that the House passed the TANF reauthorization bill in May. The bipartisan Senate bill will be introduced by Senators Max Baucus (D-MT) and Chuck Grassley (R-IA). Senator Ted Kennedy (D-MA) is among the supporters of TANF--he sent a letter to the Senate Finance Committee on behalf of the HELP Committee, urging the Finance Committee to support the bill.

ETHICS BRIEFING

Susan Winchell of the Office of the General Counsel, Ethics Division, Department of Education, spoke to the members about postemployment activities with the Federal Government.

Ms. Winchell distributed materials from the Office of Government Ethics summarizing the postemployment rules. She said the rules do not prohibit former government employees from doing work for the government or representing clients who have business with the government, as long as the work or representation are not in the specific area or on the specific contract that the individual worked on or was responsible for as a federal employee. The prohibition does not apply to general policy matters.

Two time frames are involved: (1) a lifetime ban with regard to matters/contracts the person specifically worked on and (2) a two-year ban with regard to matters that were merely part of the person's official responsibility during the last year of federal employment.

The Procurement and Integrity Law covers work with contractors. The postemployment provisions in this law generally apply if the procurement is more than $10 million.

UNFINISHED BUSINESS

Legislative Update

Mr. Rosen said that Congress is expected to complete the reauthorization of IDEA, including Part B, by the end of the year. He said there have been a number of hearings in both houses of Congress. Ms. Rangel-Diaz testified before the Senate HELP Committee in March about problems stemming from weak enforcement of IDEA.

Mr. Rosen reported that Senator Kennedy is expected to introduce the IDEA bill on June 14, although that may be delayed two or three weeks.

He said that President Bush's Commission for Excellence in Special Education plans to release its final report on July 1. The report will be the basis for action by the House Education and Workforce Committee, chaired by Representative John Boehner (R-OH).

The IDEA debate has centered on three major issues: (1) how soon the Federal Government should reach its goal of fully funding the added costs of special education; (2) whether IDEA should receive mandatory funding rather than the current annual discretionary funding; and (3) whether changes in disciplining special education students are appropriate. A fourth issue that the Administration wants addressed is the contention that students, particularly minority students, are being erroneously assigned to special education classes.

Mr. Rosen said that consideration of the following issues should be postponed: individual education plans (IEPs), reducing the number of disability categories to four, determining eligibility for special education, reducing paperwork, litigation, and vouchers or school choice. He said that the NCD staff and legislative consultant Celane McWhorter have carefully tracked the testimony submitted to Congress and incorporated it into NCD's survey paper on IDEA, which also incorporates other public testimony and comments.

Mr. Rosen said that a polarized House voted on the TANF reauthorization bill in May. The bill would increase work requirements for TANF recipients to 40 hours a week; subsidize state programs that encourage marriage and abstinence from premarital sex; continue to deny welfare to legal immigrants: and grant super-waivers to states on federal welfare, Food Stamp, housing, and other antipoverty programs.

Since, according to a GAO report, 44 percent of TANF recipients have disabilities, the disability community is concerned about the impact of the House bill. The Senate has indicated its intent to take a different approach. Mr. Rosen said that NCD has submitted letters to key senators discussing the issues facing TANF recipients with disabilities.

The voting rights legislation is now in conference. Senate bill S 565 contains strong language requiring accessible polling places and at least one accessible voting machine at each poll; it allows provisional voting if there is a question of registration and calls for statewide computerized voting lists.

Unfortunately, the Senate bill also includes several provisions that would be harmful to people with disabilities, such as language that would make many of the above requirements unenforceable until 2010 and a requirement that first-time voters in a jurisdiction show a government-issued photo ID card. Both the House and Senate bills authorize federal funding to provide states with grant money to make the improvements.

On April 29, President Bush endorsed a federal requirement that most employer-sponsored health plans cover at least some mental health conditions on the same basis as they cover physical conditions. The President acted at the request of Senators Pete Domenici (R-NM) and Paul Wellstone (D-MN), sponsors of the mental health parity bill (S 543). Under that bill, the health plans of companies with at least 50 workers would be required to have the same deductibles, copayments, and lifetime benefit limits for physical and mental health conditions. The Congressional Budget Office has estimated that the bill would cause premiums to rise by less than 1 percent. NCD is carefully monitoring this issue to ensure that any new legislation would not result in increased drugging or other mental health treatment abuses.

On May 9, Health and Human Services Secretary Tommy Thompson joined the secretaries of Labor, Housing and Urban Development, and Education, and the director of the Office of Personnel Management (OPM) in releasing a progress report on accomplishments since the New Freedom Initiative was launched in February 2001. The report outlines the next steps the Administration will take toward meeting the New Freedom goals.

On May 31, President Bush named the members of his New Freedom Commission on Mental Health, which is charged with developing recommendations for improving the nation's mental health service delivery system.

Finance Committee Report (cont'd)

Ms. McCrimon said that staff made three recommendations for reprogramming that cross program/administrative activities. A copy of the recommendations were included in the meeting notebooks under Tab 5.

Motion 5
Ms. McCrimon moved to accept the concepts contained in Tab 5, FY 2002 Funds, adjusted to reflect financial changes recommended by the auditors. The line items that total $225,000 may be adjusted for staff, consultancy, and other expenses associated with following up on the auditors' recommendations. Passed.

Ms. Bristo said that detailed standard operating procedures related to finances will be added to NCD's policies and procedures manual, which is being revised. Ms. McCrimon said that the policies and procedures manual should be an integral part of the overall financial management plan.

Ms. Briggs said that she and staff members Allan Holland and Jeff Rosen met with three representatives of GAO's Financial Management Assurance Division, which has received a request from Representative Eleanor Holmes Norton (D-DC) to conduct a review of NCD's expenditures. She said the meeting was a positive one.

NCD provided GAO with materials such as its mandate and strategic plan. GAO submitted a list of questions and will begin its review later this week. The findings will be reported to NCD and to Representative Norton in mid-July.

Motion 6
Mr. Brown moved to accept the staff recommendation to convert the current Section 504 report into a shorter report on global implications. The cost to reshape the report will be up to $30,000. Passed.

Motion 7
Mr. Brown moved to accept the Team, Finance Committee, Chairperson, Executive Director, and Executive Committee reports. Passed.

New Business

New Freedom Initiative

In May 2002, the Administration released its progress report on the New Freedom initiative on what has been accomplished to date and the next course of action.

Mr. Rosen said that the New Freedom Initiative is still in process, although no new ideas have come from the White House. He noted that domestic policies relating to people with disabilities are chiefly being directed by the White House through its Domestic Policy Council.

He said that CCD has said that it will review the progress of the New Freedom Initiative from the perspective of the disability community.

Presidential Task Force on Employment of People with Disabilities

Mr. Rosen said that this organization will sunset in August; its functions will be taken over by the Office of Disability and Employment Policy.

ANNOUNCEMENTS

Ms. Bristo announced the names of the six successors of the departing Council members.

Mr. Rosen said that NCD plans to release its annual progress report on July 26.

Ms. Briggs said that the next Council meeting will be August 19-20, 2002, at the Los Angeles Marriott in California.

Ms. Bristo presented Ms. Blank with a memento on behalf of NCD and the staff, in appreciation of her hard work and her dedication to NCD and to the improvement of the lives of people with disabilities.

ADJOURNMENT