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10th Anniversary ADA [Americans with Disabilities Act] Deliverables [1]
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10th Anniversary ADA [Americans with Disabilities Act] Deliverables [1]
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FOIA Number: 2007-0143-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Michelle Aronowitz
Subseries:
OA/ID Number:
24519
FolderID:
Folder Title:
10th Anniversary ADA [Americans with Disabilities Act] Deliverables [1]
Stack:
Row:
Section:
Shelf:
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S
113
7
4
2
EXECUTIVE OFFICE OF THE PRESIDENT
Office of the Counsel to the President
Washington, DC 20502
FACSIMILE MESSAGE
TO:
Rosemary HART
FAX: 514-0563
DATE: -7-21
PAGES: + Cover 8
FROM: Michelle Aronowitz
Associate Counsel to the President
FAX NUMBER: (202) 456-2256
OFFICE NO: (202) 456-2024
COMMENTS:
The documents accompanying this facsimile transmittal sheet are intended only for the use of the individual or entity to whom it
is addressed. This message contains information, which may be privileged, confidential or exempt from disclosure under
applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the
message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying or distribution, or the
taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received the
information in error, please immediately notify the sender at the telephone number above.
mark- - no focus
Bosemay- home statuly anth
National Program Office on Self-Determination, a project of the Robert Wood Johnson
Foundation at the Institute on Disability, a University Affiliated Program, University of New
Hampshire (NPOSD). This unique public/private partnership, entitled Access Housing 2000,
will focus on expanding the availability of accessible, affordable housing, including home-
ownership opportunities, supporting the use of individual development accounts (IDAs) for low-
to moderate-income individuals with disabilities and their families, and assuring that individuals
with disabilities receive the personal assistance and support necessary to make a smooth and
successful transition to living in the community.
Each party to this agreement commits to bring available resources to this effort, detailed
below, and to work in cooperation to identify further resources, both public and private, that
may be brought to bear for this effort. The parties to this agreement hope that Access Housing
2000 will inspire States and communities to increase their own efforts in this regard.
I. National Demonstration Project
The parties will launch a five-year national demonstration project to create a model for
facilitating the transition from institutional settings to community living for individuals with
disabilities. This demonstration project will begin with approximately 400 beneficiaries residing
in targeted regions, with a goal, depending upon available resources, of reaching 2000
beneficiaries at full implementation of the demonstration. Participants will include individuals
with disabilities who have very low incomes and who currently reside in nursing homes, state
institutions, Intermediate Care Facilities for the Mentally Retarded, group homes, their parents'
homes, and other community-based residential programs. It is a goal of the parties that the
2
no
EXECUTIVE OFFICE OF THE PRESI DENT
Office of the Counsel to the President
Washington, DC 20502
FACSIMILE MESSAGE
TO: Eric Gould
FAX: 6-7431
DATE: 7/24/00
PAGES + Cover: 5
FROM: Alexian "Ali" Wines for Michelle Aronowitz
FAX NUMBER: 202-456-5055
OFFICE NO: 202-456-5069
COMMENTS:
The documents accompanying this facsimile transmittal sheet are intended only for the use of the individual or entity to whom it
is addressed. This message contains information, which may be privileged, confidential or exempt from disclosure under
applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the
message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying or distribution, or the
taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received the
information in error, please immediately notify the sender at the telephone number above.
highly likely that these counts are low because employees either fail to, or choose not to,
self-identify as having a disabling condition.
Q:
What types of positions will be filled by people with disabilities?
A:
The Executive Order specifically calls on agencies to recruit individuals with disabilities
for positions in the full range of levels and occupations in the Federal government.
Q:
Are individuals with disabilities required to notify a Federal agency of their
disability at the time they are hired?
A:
No. An applicant is not expected to notify a prospective employer about a disability. In
what aggenties" and
some cases, an applicant may choose to notify an agency of a disability in order to
request reasonable accommodation. Additionally, if an applicant wants to be considered
for appointment under special authorities for individuals with disabilities, he or wants she
to
be
should make that clear in an application for employment.
OR-
an
counted
appl.
us for an requirement indw ul purposes
a
disablity
The Federal government will update the self-identification form for disabilities to be
the accerned
given to all new employees. When approved, OPM will undertake a government-wide
information campaign to inform employees of the importance of self-identifying and that
such information will be confidential.
king
Q:
How will this initiative impact other Administration efforts to create a more diverse
and representational Federal workforce?
A:
The initiative to increase the employment of people with disabilities complements, and
does not compete with, the Administration's other efforts to increase the employment of
underrepresented groups, such as Hispanic individuals. Disabilities do not respect racial,
gender, ethnic or religious boundaries. By committing to increase its efforts at recruiting
just
individuals with disabilities, the Federal government will continue to adhere to the
overarching goal of creating a diverse workforce that more accurately reflects the
Hypanics
American population.
would be more powerful 4 you
added slats
Executive Order on Reasonable Accommodations
11.8% ,fblacks white
22-44
cared
of
5.6%
Lot
HISPANICS
69
P
Q:
What does the Executive Order on reasonable accommodation require?
A:
This Executive Order requires that all Federal agencies establish effective procedures for
processing requests for reasonable accommodation by employees with disabilities and
applicants for employment with disabilities.
the Q:
What is meant by reasonable accommodation?
-6-
A:
A reasonable accommodation is any change in the work environment or in the way a job
is performed that enables a person with a disability to enjoy equal employment
opportunities.
Q:
Why are reasonable accommodations important?
A:
Although many individuals with disabilities can apply for and perform jobs without any
reasonable accommodations, workplace barriers may keep others from performing jobs
which they could do with some form of accommodation. These barriers may be physical
obstacles (such as inaccessible buildings or computer equipment), or they may be
procedural obstacles (such as rules concerning when work is performed, when breaks are
taken, or how job tasks are performed). Reasonable accommodation removes workplace
barriers for individuals with disabilities.
Q:
Why is it important to require that Federal agencies establish procedures for
processing requests for reasonable accommodation?
A:
If an individual with a disability needs a reasonable accommodation in order to perform
his or her job, it is essential Federal agencies handle the request in a prompt, fair and
efficient manner.
Q:
Doesn't the law already require that Federal agencies provide reasonable
accommodations to employees and applicants?
A:
The Rehabilitation Act of 1973 does require that Federal agencies provide reasonable
accommodations to their employees and job applicants. This Executive Order gives the
agencies more specific guidance on how to develop procedures governing the reasonable
accommodation process.
Q:
What are some of the specific provisions of the Executive Order?
A:
The Executive Order provides that agencies must explain in their reasonable
accommodation policies that employees or applicants may initiate the reasonable
accommodation process either orally or in writing and that time limits for decision-
didnite
making should be as short as reasonably possible. It requires that agencies explain how
they will process requests and from whom the employee or applicant will receive a final,
written decision. It emphasizes that reassignment is a form of reasonable
accommodation
Q:
Can agencies request medical information to support requests for reasonable
accommodation?
A:
Agencies may require the employee or applicant to provide appropriate medical
documentation if the disability and/or need for accommodation is not obvious. Agencies
may request supplemental medical information if the information initially submitted is
-7-
Q:
Does it change any of the primary responsibilities of the EEOC or the Department
of Justice?
A:
No. While it establishes a mechanism for the EEOC and the Department of Justice to
consult with each other and with the Presidential Task Force and the IDCC, the EEOC
remains the agency with coordination, policy-setting, and enforcement authority for the
employment opportunity requirements of title V of the Rehabilitation Act. Likewise, the
Department of Justice remains the agency with coordination authority over the other
nondiscrimination requirements of the Rehabilitation Act. The Directive clarifies that
EEOC and the Department of Justice are the lead agencies, while the Presidential Task
Force and the IDCC are to play important consultative roles.
Q:
Why is the Directive necessary at this time?
A:
Title V of the Rehabilitation Act of 1973 provided the foundation upon which the
Americans with Disabilities Act (ADA) was built. Title V prohibits discrimination
against - and affirmative action for - people with disabilities in Federal employment
doesn't
and prohibits discrimination against people with disabilities in all other Federal programs,
among other things.
directs
As we celebrate the 10th anniversary of the ADA, we should take this opportunity to
renew our commitment to ensure that people with disabilities have equal employment
opportunities within the Federal government and are fully able to participate in all
Federal government programs.
Over the last twenty years - while the regulations implementing Title V have been in
place - the federal government has seen dramatic changes. Agencies have been created.
Others no longer exist. Programs and functions have changed. Many of the actions
designed to comply with Section 504 Title V may no longer be effective. For example:
Employment discrimination. The nature of the workplace has changed. Agencies
thrive on a teamwork approach, using collaborative efforts to achieve agency
missions. Diversity among team members is essential to achieving customer-
friendly solutions. Government is better able to provide the services Americans
need if it reflects the diversity of our society. By ensuring the promise of equal
opportunity for government employees with disabilities, the Administration will
set an example for the rest of the country to follow.
Technology accessibility. More than any other factor, technology has changed
the federal workplace and the way government serves the American public. As
our society grows more technologically advanced, we must ensure that the
technology upon which the federal government relies does not create new barriers
for people with disabilities.
-9-
brought by two Georgia women whose disabilities include mental retardation and mental
illness. At the time the suit was filed, both plaintiffs were receiving mental health
services in state institutions, despite the fact that State treatment professionals believed
they could be appropriately served in the community. In its ruling, the Court said that
institutionalization severely limits the person's ability to interact with family and friends,
to work and to make a life for him or herself.
The ruling helps define the meaning of a provision in the ADA which requires State and
local governments to administer their services "in the most integrated setting appropriate
to the needs of qualified individuals with disabilities." The Court found that when a
professional determines that a disabled individual can live in the community -- and can be
served there effectively -- the person must be given the choice of doing SO. A choice that
all of us would want if we or a member of our family or a friend were disabled.
At the same time, the Court acknowledged states have limited resources and its decision
doesn't require any state to incur excessive new costs. Instead, it require states to move at
a reasonable pace to provide community-based alternatives. And the Court also said
states can meet their obligations by having comprehensive plans.
Q:
What is the purpose of the $50 million Real Choice Systems Change Initiatives
Grants?
A:
The system change grants will provide States with flexible resources to work with people
with disabilities, families and others to identify and pursue affordable strategies for
expanding the availability and quality of personal assistance and supports. This $50
million grant initiative is drawn from Section 4 of the Medicaid Community Attendant
Services and Supports Act of 1999 (MiCASSA) proposed by Senators Harkin and
Specter. It will help states develop the comprehensive, effectively working plans
endorsed by the U.S. Supreme Court in Olmstead V. L.C.. Each State could use the
funds for a variety of system change, capacity building and outreach activities designed
to enable people with disabilities to have a real choice in where they want to live and
carry services, i.e., in their own homes and communities or in an institutional setting.
Q:
Why is this grant program important?
A:
The President and Vice President strongly believe that no one should cando have to live in an
institution or nursing home if they Die er can live in the community and with the proper SO supports.
States could use these funds for a variety of system change, capacity building and
outreach activities designed to enable people with disabilities to have a real choice in
where they want to live and receive services, whether in their own homes and
Don't Ton homes nursing choice Q:
communities or in an institutional setting.
What is the role and composition of the consumer task force?
-16-
Here are proposed commentson the Executive Order:
I Have 3 comments regarding the Executive Order on Reasonable Accommodation:
1. The latest draft eliminates any requirement for supervisory training. This is unacceptable.
Procedures for processing accommodation requests are useless if the managers are not aware of
them. Accordingly, the old paragraph 3 of the Executive Order should be reinstated:
all agree
"All employees in an agency will receive a copy of the reasonable accommodation procedures.
Putin
At a minimum all supervisors and managers will receive training on these procedures within one
sinders
year [I can live with 2 years] of the establishment of the reasonable accommodation not procedures."
rays
Clean
Vargas
of
2. The timing of the Executive Order is off. Section 2 of the EO requires that within one year
each agency submit to the EEOC for comment its draft accommodation procedures. Section 5 of
the EO provides that the Task Force (or the EFOC?) shall be responsible for developing and
implementing guidance to effectuate this EO. What if it takes the Task Force or the EEOC 6
months to draft appropriate guidance? Further, while the Order requires that an agency submit its
draft plan to the EEOC within one year what then happens? What prevents the agency from
dragging its feet indefinitely to implement the final plan? Thus, I have proposed that final
procedures must be initiated within one and a half years afted issuance of the EEOC guidance. In
addition the Executive Order has no apparent teeth if an agency does not comply with it.
Accordingly I propose a provision which would require the EEOC to report to the President those
agencies that have and have not complied with the Order.
Thus Section 2 of the EO should be changed as follows:
2. The Equal Employment Opportunity Commission (EEOC) shall be responsible for developing
and implementing guidance to effectuate the provisions of this Order. Within one year after the
issuance of EEOC's guidance, each agency shall submit its reasonable accommodation
procedures to the EEOC for comment. Each agency shall further submit to the EEOC any
modifications to its reasonable accommodation procedures at the time those accommodations are
adopted. The agency shall implement its final procedures within one and a half years of the
issuance of the EEOC's guidance. The EEOC shall report to the President those agencies who
have and have not complied with this Order and who have not issued final agency reasonable
accommodation procedures within one and a half years of the date of the EEOC's guidance.
Section 5 would be eliminated as it is incorporated in section 2
EEOC POTUS as
07/20/00 THU 14:14 FAX
INFARTMENT UNITED OF
United States Department of Energy
Office of General Counsel
for General Law
FACSIMILE TRANSMISSION FORM
STATES
OF
Facsimile from:
Forrestal Jun Building anglian
GC-80, Room 6A-211
1000 Independence Avenue, SW
Washington, DC 20585
Phone: 202-586-8618/1522
Facsimile: 202-586-8685
To:
Mac- Reed
Facsimile number(s): 202-395-7294
Date: 7/20/2000
Pages: 2 (including cover page)
Message:
This facsimile is intended only for the use of the recipient(s) to whom it is addressed and may
contain information that is privileged and confidential. If you are not the intended recipient (or a
person responsible for delivering this to the intended recipient), you are hereby notified that any
disclosure, distribution or copying of this information is strictly prohibited. If you have received
this facsimile in error, please notify the Office of General Counsel for General Law immediately at
202-586-8618/1522 and return the facsimile to the address shown above via the United States Postal
Service. Thank you.
07/20/00 THU 14:15 FAX
Comments on Executive Orders
1. Increasing the Number of Individuals with Disabilities Employed in the Federal Government
Response -
On page 2, line 3, from the bottom inscrt a comma (,) after "it."
2. Requiring Federal Agencies to Establish Effective Written Proccdures for Processing
Requests for Reasona ble Accommodations
Response -
On page 3, Section 2, line 2, substitute "its" for "their" and in Section 4, insert a comma
(,) after "it" in line 2 from the bottom.
Comments on Memoranda
1. Renewing the Commitment to Ensure that Federal Programs are Free from Disability-based
Discrimination
Responsc -
One commentor points out that agencies are directed to "make all programs offered on
their Internct and Intranet sites accessible to people with disabilities by July 27, 2001." Hc/she
goes on to state that it is not clear what this means. Accessible in what respect? How would
agencies make such programs accessible to persons with severe vision impairment, for example?
2. Employment of People with Significant Disabilities by Federal Agencies to Serve as Home-
based Customer Service Representatives and in Other Remote Off-site Work Stations
Response -
One commentor suggests that a definition of "significant disability" be included in the
memorandum for purp DSC of clarity. It should be made clear that the memorandum does not
refer to an impairment which would disqualify a person from doing the type of work
contemplated.
C
Lisa B. Fairhall
07/20/2000 12:31:24 PM
Record Type: Record
To:
McGavock D. Reed/OMB/EOP@EOP
cc:
Larry R. Matlack/OMB/EOP@EOP, Meredith G. Benson/OMB/EOP@EOP, Katherine
Massey/OMB/EOP@EOP, Bruce D. Long/OMB/EOP@EOP
Subject: PPE branch comments on draft disability EOs and EMs.
Here are our preliminary comments on the draft EOs and EM's. We are happy to discuss, and are
available to attend your meeting this afternoon. (Where will it be?) Thanks.
Executive Order: Increasing the Number of Individuals with Disabilities Employed in the Federal
Government
"Individuals with disabilities" is not defined. Is this a problem? Should the EO either include
the language or reference statute.
In Section 1 (a) (2), what are "traditional and non-traditional methods" of outreach? Will these
be defined in the guidance? As drafted, the EO requires agencies to use them both.
Section 1 (b): "...the federal government will take the lead in educating the public about
employment opportunities available for individuals." Does the EO intend for this to cover
employment opportunities outside the Federal government? To help clarify, we recommend that
the sentence be revised to read: "...the federal government will take the lead in educating the
public about employment opportunities available within the Federal Government for individuals
with disabilities."
Section 2: It is unclear what OPM's role is in regards to the plan. Are they reviewing and
approving the plans or serving as a collection site?
Section 3: OPM has emphasized their role to assist agencies in recruitment, retention and
advancement of individuals with disabilities. This section only specifies that OPM is
..develop[ing] guidance on the provisions of this Order to increase the number of individuals
with disabilities in the Federal Government". An alternative would be to substitute language
from the preamble paragraph, to state that OPM is to develop guidance to "promote an increase
in the representation.
Section 3: There is no deadline specified for OPM to provide the agencies with the guidance. It
might be useful to set a deadline for promulgating the guidance, maybe at two weeks after the
EO is issued.
Executive Order : Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of
Reasonable Accommodation
In the first paragraph, the executive order mentions reasonable accommodations when
describing the ways to promote a model Federal workplace. Should a definition of reasonable
accommodation be included?
We suggest that the word "grants" at the end of the second line be replaced with "offers."
In the first paragraph, both applicants and Federal employees have access to reasonable
accommodations. However, in Section 1(a), an agency's procedures for processing requests
are available to employees. Should the definition be expanded to include both populations?
Section 1(b) includes ten components that should be included in the written procedures for
processing reasonable accommodation requests. As the EO explains, these instructions are
listed in Re-charting the Course: The First Report of the Presidential Task Force on Employment
of Adults with Disabilities. Does all this specific material need to be included in the EO or could
agencies be directed to Re-charting the Course?
Section 1(b)7 does not clearly the state why an individual would be reassigned. ARe we talking
about employees who incur a disability during their tenure as an employee which affects their
ability to perform their job? Or an employee with a disability who is hired into a particular
position but is unable to perform all of the functions? What does the last sentence of this
section mean?
There are some typos in (b)9.
Section 1(b)10 does not indicate the entity with which employees should file complaints. We
recommend that this section also require the agency to identify the appropriate recipient of the
complaints.
Section 2 states "...each agency shall submit its procedures to the EEOC for comment."
However, the specific role of the EEOC is not defined. Does EEOC function in an advisory
capacity? Will its comments be binding?
Section 3 specifies that agencies must bargain with collective bargaining representatives " to
the extent required by law." In light of recent efforts to expand scope of bargaining under 5
U.S.C. 7106(b)(1) through executive order, should the sentence read "...to the extent permitted
by law?"
In Section 5, the Presidential Task Force on the Employment of Adults with Disabilities is named
as the lead organization for developing and implementing guidance. However, the executive
order will outlive the tenure of the task force. Should another agency be named in place of the
task force?
Memorandum: Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination:
In first bullet, we recomment that the EO also reference compliance with Sec. 508 of the
Rehabilitation Act.
Page 2, first complete paragraph. Strike the word "for" to clarify. " ..Presidential Task Force
on Employment of Adults with Disabilities, to develop priorities and establish-for the Five-Year
Plan .
Memorandum: Employing People with Significant Disabilities to Fill Agency Jobs that Can Be
Performed at Alternate Work Sites, Including Home.
It appears that this Memorandum is substantially redundant of the first Executive Order (
Increasing the Number of Individuals with Disabilities Employed in the Federal Government)
Possibly insert a definition of "call/contact centers" in the first paragraph after the second
sentence.
The second paragraph makes very broad statements. Do we have data to support?
The memorandum does not specify what types of "federal agency jobs" are targeted. Do they
include vacant, new, existing, etc.
In the fourth paragraph on the first page, insert a comma instead of a period after "and improve
federal customer service representation, I direct executive departments and agencies as
follows:"
Items (a) and (b) will be administratively difficult to do, since the directives make presumptions
about the kinds of work individuals with disabilities can do. We recommend instead striking
those subsections, and replacing them with a general directive that the head of each executive
department or agency consider the extent to which work performed by that agency could be
carried out from alternative work stations.
It would also be nice if the efforts under this memorandum could be linked in some way to the
plans agencies have to develop under the hiring target EO.
Randolph M. Lyon
07/18/2000 05:43:44 PM
Record Type:
Record
To:
McGavock D. Reed/OMB/EOP@EOP
CC:
See the distribution list at the bottom of this message
Subject: Proposed E.O. on Hiring Disabled Americans
Mac, I asked Kim Luczynski in our office to review the draft E.O. She has some concerns about the
proposal and whether it is consistent with the Adarand decision (as well as whether that decision
applies). Are other folks raising similar concerns?
If you could get back to her, that would be great. Thanks.
Message Copied To:
Michael Deich/OMB/EOP@EOP
Kenneth L. Schwartz/OMB/EOP@EOP
Janis A. Coughlin/OMB/EOP@EOP
Sherron Duncan/OMB/EOP@EOP
Kimberley S. Luczynski/OMB/EOP@EOP
Stuart Shapiro
07/18/2000 05:58:47
PM
Record Type:
Record
To:
McGavock D. Reed/OMB/EOP@EOP
cc:
John F. Morrall III/OMB/EOP@EOP, Wendy A. Taylor/OMB/EOP@EOP, Lisa B. Fairhall/OMB/EOP@EOP
Subject: Disability EO's
Two comments from OIRA:
On Section 2 of the Reasonable Accomodation EO: Why do agencies have to submit their plans to
EEOC for comment? Are the EEOC comments binding? If not then we have less of a concern with
this.
In the Executive Memorandum on Alternate Worksites: The schedules seem unreasonably ambitious.
How will a large agency evaluate all of its myriad jobs in a feasibility study within 90 days and then
develop a Plan of Action and Implementation Guidelines within an additional 30 days?
07/24/00 MON 16:21 FAX 202 606 2609
OPM/OGC
001
UNITED
STATE
13340 OF PERSONNEL
FAX TRANSMITTAL
FROM
THE OFFICE OF THE GENERAL COUNSEL
U.S. OFFICE OF PERSONNEL MANAGEMENT
TO:
Michelle ARONOWITZ
of
phone 456 2024 fax 456-2256
FROM: Suzanne Seiden
OPM/OGC
phone 606-1700 fax (202) 606-2609
DATE: 7/24/00
TOTAL NUMBER OF PAGES (including cover sheet): 9
COMMENTS:
"Seiden, Suzanne B." <[email protected]>
07/21/2000 06:09:57 PM
Record Type:
Record
To:
See the distribution list at the bottom of this message
CC:
Subject: ADA- OPM deliverables
FOLKS:
Attached are:
1. Q & As on the Increasing Employment Opportunities EO
2. Draft Fact Sheet on the Employment Opportunities EO
3. 2 page summary of the 2 EOs and 3 POTUS memoranda
4. Compelling personal story of OPM legal intern who helped draft EO
5. Success stories of federal government employees with disabilites AND
Contact information list
If anyone has any questions over the weekend, my home number is 301-718-0165
and my pager is 1-888-912-6528
<<DIB100B4.DOC>>
<<disabilFS1.doc>>
<<PERSONAL.WPD>>
Q & As
Fact Sheet
Personal Story
<<disability success stories 3 - white house.doc>>
<<Summary on EOs and POTUS Memos.doc>>
Success Stories
Summary of EOs and POTUS Memos
-- Even though this E-Mail has been scanned and found clean of
-- known viruses, OPM can not guarantee this message is virus free.
-- This message was automatically generated.
- DIB100B4.DOC
- disabilFS1.doc
- PERSONAL.WPD
- disability success stories 3 - white house.doc
- Summary on EOs and POTUS Memos.doc
Message Sent To:
"Becky Ogle (E-mail)" <[email protected]>
"Bill McKinnon (E-mail)" <[email protected]>
J. Eric Gould/OPD/EOP
Jonathan M. Young/WHO/EOP
Lisa M. Brown/OVP/EOP
"Liz Savage (E-mail)" <[email protected]>
"Mark Gross (E-mail)" <[email protected]>
Michelle M. Aronowitz/WHO/EOP
Stephanie A. Cutter/WHO/EOP
Samir Afridi/WHO/EOP
DRAFT
Questions and Answers Relating to
E.O. on Increasing the Opportunity for Individuals with
Disabilities to be Employed in the Federal Government
1. What does the Executive Order do?
It directs Federal agencies to hire 100,000 people with disabilities
over a five year period.
2. Is this a realistic number?
Yes. If current hiring trends continue without change, Federal
agencies would hire approximately 62,500 people with disabilities over
the next five years. Approximately 8,000 of those people would have
severe disabilities.
The new number is more than 60% higher than current trends, and
reflects this Administration's strong commitment to making the
Federal Government a model employer by recruiting a diverse and well
qualified workforce. The President recognizes the significance of the
increased number and believes that the Federal government is ready
to meet this challenge.
3. Why is the President doing this?
Despite their qualifications for employment, persons with disabilities,
and most notably persons with severe disabilities, are not sought
after by potential employers. This is often because employers fail to
understand the many ways that disabilities can be accommodated on
the job. Therefore, President Clinton and Vice President Gore have
made a commitment that the Federal government will take the lead in
demonstrating that individuals with disabilities can successfully
compete and perform in a wide range of jobs. With this Executive
Order, the Administration is directing agencies to adjust their
recruitment efforts to tap into the talented pool of individuals with
disabilities.
4. How are agencies going to do this?
Agencies will begin by reviewing their current and future mission
needs to identify those areas where recruitment will be necessary
during the next five years. Recruitment efforts will then be
increased to reach out to the largely untapped pool of individuals with
disabilities who have the skills needed to advance the agency's mission.
A variety of hiring authorities exist that will facilitate agency
efforts.
5. How was this number determined?
A group of human resource managers reviewed current Federal hiring
patterns, information about the future pool of disabled job applicants,
and Administration policy objectives. Based on this information, and
the anticipated increases from expanded outreach efforts and use of
appropriate accommodations, the group determined that the Federal
government will be able to hire 100,000 individuals with disabilities
over a five year period.
6. Why is this a five year number?
This is a significant increase (60% over five years) in current hiring
trends. Agencies will need time to develop and implement new
initiatives to effectively recruit and hire people with disabilities.
OPM and the Human Resources Management Council will also need time
to coordinate recruiting efforts so that key educational and vocational
organizations that assist people with disabilities in finding jobs are
not overwhelmed.
7. How will progress be tracked?
OPM will track progress using data from the Central Personnel Data
File beginning with hires of employees with disabilities on October 1,
2000.
8. How is disability defined for the purpose of these Federal employment
statistics?
An employee is considered disabled if he/she has a physical or mental
impairment which substantially limits one or more major life activities.
Examples are speech, vision, hearing and orthopedic impairments,
missing extremities, paralysis, mental illness, diabetes, and heart
disease.
9. How many current Federal employees have a disability?
Over 122,000 Federal employees (7.2% of the workforce) have self-
identified as having a disabling impairment. Over 20,000 of those
employees (1.2% of the workforce) have severe disabilities. These
statistics have held relatively steady in recent years. It is highly
likely that these counts are low because employees either fail to, or
choose not to, self-identify as having a disabling condition.
10. What types of positions will be filled by people with disabilities?
The Executive Order specifically calls on agencies to recruit
individuals with disabilities for positions in the full range of levels and
occupations in the Federal government.
11. Are individuals with disabilities required to notify a Federal agency of
their disability at the time they are hired?
No. An applicant is not expected to notify a prospective employer
about a disability. In some cases, an applicant may choose to notify
an agency of a disability in order to request reasonable
accommodation. Additionally, if an applicant wants to be considered
for appointment under special authorities for individuals with
disabilities, he or she should make that clear in an application for
employment.
The Federal government will update the self-identification form for
disabilities to be given to all new employees. When approved, OPM will
undertake a government-wide information campaign to inform
employees of the importance of self-identifying and that such
information will be confidential.
12. How will this initiative impact other Administration efforts to create a
more diverse and representational Federal workforce?
The initiative to increase the employment of people with disabilities
complements, and does not compete with, the Administration's other
efforts to increase the employment of underrepresented groups, such
as Hispanic individuals. Disabilities do not respect racial, gender,
ethnic or religious boundaries. By committing to increase its efforts
at recruiting individuals with disabilities, the Federal government will
continue to adhere to the overarching goal of creating a diverse
workforce that more accurately reflects the American population.
THE PRESIDENT'S EXECUTIVE ORDER
ON INCREASING THE OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES EMPLOYED BY THE FEDERAL
GOVERNMENT
draft draft draft
Fact sheet:
June 21, 2000
On July 26, 2000, President Clinton will sign an executive order directing federal
agencies to increase their efforts to hire individuals with disabilities at all levels of the
government. This will continue his objective of making the federal government a model
employer and an example to private employers.
In five years, federal agencies will be able to hire 100,000 people with disabilities.
This is a 60% increase over the current hiring rate.
President Clinton and Vice President Gore are determined that the federal government
will take the lead in demonstrating that individuals with disabilities can successfully
compete and perform in a wide range of jobs. Through the executive order, President
Clinton is directing agencies to adjust their recruitment efforts to tap into the talented
pool of individuals with disabilities.
Currently, there are 122,000 federal employees with disabilities, which make up 7.2% of
the workforce. Of the entire federal workforce, 1.2% are severely disabled.
The Executive Order specifically calls on agencies to recruit for the full range of levels
and occupations in the federal government.
Each agency will be asked to submit a plan by September 25, 2000. OPM will work
with agencies to assure the overall success of the initiative.
An employee is considered disabled if he or she has a physical or mental impairment,
which substantially limits one or more major life activities. For example, speech,
vision, hearing and orthopedic impairments, missing extremities, paralysis, mental
illness, diabetes and heart disease.
MARQUE MOORE, personal statement/Legal Intern, OPM, Summer 2000
From the beginning, I have learned by example to work hard. Eighteen years of working
with my uncle on his farms taught me the importance of staying focused on both the task at hand
and future goals. This is a lesson that has served me well, as I will explain. In addition to long
hours of hard work, 1 always had enough energy to play. In high school, I ran cross country,
played football and softball, and took an active part in several school clubs, including the Future
Farmers of America, the Future Business Leaders of America, and the Kentucky High School
Rodeo Association. Rodeo was my passion, and I still consider bull riding the most exciting
adrenalin rush possible. Lane Frost, the youngest bull rider to make it into the Pro Rodeo Hall
of Fame, described bull riding as like every wild and free thing, right there in the palm of
your hand." I still agree, even though my taste for that wildness changed my life forever.
In the fall of 1990, a Murray State University freshman with the world by the tail, I was
riding a bull in a rodeo when my body--and my reality--came crashing down. Life as I had
known it came to a dynamic halt. The prognosis was bleak: my spinal cord was severely
crushed and my left lung had collapsed. I had a 2% chance of survival, and, at best, a body
damaged beyond repair. My strong body did not fail me, and progress, though difficult, has
been steady. Lessons learned early supported the effort 1 had to make during the five months at
Craig Rehabilitation Hospital in Colorado. Staying focused on the task at hand--and never
losing sight of my long term goals--I have survived the paralysis of all my limbs and a
dysfunctional diaphragm. My tasks included learning how to manage in a body that no longer
responds to command. The process of that learning included becoming an advocate, for myself
and others, to gain access to needed services and resources. My first long term goal, the one I
held to when I was in the hospital, was to successfully complete ONE semester of college.
One year after my injury, in the fall of 1991, acting against the recommendation of the
Kentucky Department of Vocational Rehabilitation, I enrolled as a freshman at Western
Kentucky University. My only source of mobility was a manual wheelchair which I could not
move without help. One successful semester--1 was scared, not sure of what I was capable. I
stayed focused and worked hard, but it wasn't until finals were over that I really knew I could do
it. Three successful semesters later, health care became available at Murray State, my first
college, and I transferred back.
That first semester back at Murray I focused totally on being a successful student and
achieved a 4.0 GPA. After that, I allowed myself to explore other interests and activities in
addition to school, and maintained a 3.4 cumulative GPA. My involvement now includes
several university and statewide organizations. I have served as warden, master of rituals, and
president of Alpha Kappa Psi, a professional business fraternity. Since 1993, I have been a
charter member of the Kentucky Statewide Independent Living Council, a governor-appointed
position, with responsibilities which include establishing statewide independent living centers
and providing resources and information to the public. I am an advocate of/for disability
awareness, the augmentation of accessible accommodations, the improvement of resources, and
the removal of discrimination. I counsel rehab patients at Craig Rehab, Vanderbilt University
Medical Center, and throughout the United States. I voice the needs and ambitions of
wheelchair-enabled citizens and spinal cord injury patients to their families and the agencies and
schools that serve them.
Six years post-injury, I am living independently with the assistance of two employees
whom I manage. I am determined to progress and excel, despite obstacles. I will earn a law
degree and a practice in public interest civil rights work.
DISABILITY SUCCESS STORIES
Name:
JOHN V. WRIGHT, JR.
Position:
Meteorologist-in-Charge
Department of Commerce
National Oceanic and Atmospheric Administration
Blacksburg, VA
Accomplishments: As the Meteorologist-in-Charge of the Weather Forecast
Office in Blacksburg, John currently manages a
staff of 24 meteorologists, hydrologists, and
hydrometeorological technicians. He has given
more than 450 presentation on issues related to
weather forecasting, and has trained more than
2,000 individuals to be volunteer severe weather
spotters.
Disability: John was born with cerebral palsy. He also has a speech
impediment that he has worked very hard to
overcome.
Personal:
John has received several awards for his outstanding
performance. He is dedicated to volunteering in
the community. For example, he initiated a
program in Virginia called "High School/High
Tech" which encourages students with disabilities
to explore the fields of science and technology. As
a result of this program, 26 junior and high school
students with disabilities have served in paid
summer internships with high-tech companies in
Virginia.
Name:
MARQUE MOORE
Position:
Law Clerk
U.S. Office of Personnel Management (OPM)
Washington, D.C.
Accomplishments:
Marque assisted with the drafting of the
Executive Order that increases the opportunities
for those with disabilities to be employed by the
federal government. In addition, he has helped
resolve a number of legal issues arising under the
Federal Employees Health Benefits program. He
also has reviewed policies for implementing
reasonable accommodation in federal agencies.
Disability: Marque is a quadriplegic as a result of being thrown from a bull
while participating in a rodeo during his freshman
year in college.
Personal:
Marque has been heavily involved in counseling activities at
Craig Rehab and Vanderbilt University Medical
Center. In the summer of 2000, he successfully
completed his clerkship at OPM and will return to
the University of Texas School of Law to continue
his studies.
Name:
MARIANNE DALEY
Position:
Division Director
Office of Employment Support Programs
Social Security Administration
Washington, D.C.
Accomplishments: After holding a number of positions at SSA, Marianne
was selected for SSA's Midlevel Management
Development Program. In 1999, she was
promoted to her current position as a Division
Director in SSA's Office of Employment Support
Programs.
Disability:
Marianne is vision impaired.
Personal:
For many years, Ms. Daley has prepared a general interest
column for a spoken-word magazine, "The
Newsreel," which has a nationwide subscribership
of over 1,000 blind or visually-impaired readers.
In addition, Ms. Daley is an active member of a
local animal rescue organization and provides
"foster care" for stray cats and kittens until they
can be placed in a permanent home. In June of this
year, she became Vice President of this
organization.
Name:
KITTY KOBERT
Position:
Disability Program Analyst
U.S. Office of Personnel Management (OPM)
Washington, D.C.
Accomplishments: Kitty coordinated the development of OPM's disability
website. She works on government-wide policy
issues affecting recruiting, hiring, and retaining
people with disabilities. She also sits on the
Presidential Task Force developing policy
recommendations for the federal government as a
Model Employer.
Disability: Due to a car accident, Kitty injured her back and developed
fybromyalgia, a chronic illness. As a result, she is
a wheelchair user.
Personal:
Kitty is married and is a member of various building and civic
committees. She has also served the community as
a disability resource through her involvement with
Independent Living programs.
Name:
RICHARD SIEGEL
Position:
Senior Attorney
Social Security Administration
Office of Program Law
Office of the General Counsel
Washington, DC
Accomplishments: Rich is a noted expert in a number of SSA's legal
program areas, and he is constantly called upon by
his peers to provide legal advice and guidance. He
is currently guiding the Agency in its
implementation of the Ticket to Work and Work
Incentives Improvement Act of 1999 - a major
work incentive program for Social Security and
Supplemental Security Income recipients.
Disability: Rich has been totally blind since early childhood.
Personal: Rich has been married for 29 years, and has two children. In
his spare time, Rich loves to travel. He has
recently visited the Smoky Mountains in
Tennessee, and has gone whale watching off the
coast of Cape Cod.
Name:
SARA L. SMITH
Position:
Transportation Assistant
U.S. General Services Administration (GSA)
Dallas, Texas
Accomplishments: Sara is responsible for maintaining computers, doing
word processing, greeting customers and
performing other general office support duties.
Disability: Sara was born without a right leg and without several fingers on
both hands.
Personal:
In order to develop the skills needed to perform her duties, Sara
attended Louisiana State Vocational Rehabilitation
Services. She was selected as a participant for the
Rehabilitation Services Administration's 1998
National Employment Conference.
Name:
DUANE B. HALLIBURTON
Position:
Department of Defense
Defense Information Systems Agency
Arlington, VA
Accomplishments: Duane provides remote access expertise in the systems
integration division of the agency's information
systems center.
Disability: Duane has a severe hearing loss. To assist him in the
performance of his duties, he wears a hearing aid
and uses a telephone amplifier and teletypewriter.
Personal:
Duane provides sign language interpretation for deaf co-
workers and volunteers at the Washington Hospital
Center, where he is a volunteer. As a result of his
exceptional work, he earned achievement awards
in 1998 and 1999.
Name:
THERESE WINDT
Position:
Computer Programmer
U.S. Department of Agriculture
National Agricultural Statistics Service
Washington, D.C.
Accomplishments: Therese is designing a new administrative database query
system. She is also working with the Information
Technology Division to perform system analysis.
Disability: Therese suffered a cerebral hemorrhage in 1985. After being in
a coma for two months, Therese had to relearn
how to walk, talk and swallow.
Personal:
Therese graduated with a Master of Science degree in
Information Systems Technology from George
Washington University. She won the opportunity
to participate in this program through a
competition in her agency.
Name:
SCHERRONE DUNHAMN
Position:
Workforce Development Specialist
U.S. Department of Labor
Employment and Training Administration (ETA)
Washington, D.C.
Accomplishments: Scherrone assisted with the development of an "Access
Guide" for people with disabilities. She also
worked with the Occupational Network to ensure
their web-based software was accessible to people
with disabilities
Disability:
Scherrone has cerebral palsy.
Personal:
Scherrone received an award for establishing a strategic plan for
serving customers with disabilities.
Name:
BOBBY C. STEWART
Position:
Traffic Management Specialist
U.S. General Services Administration (GSA)
Dallas, Texas
Accomplishments: Bobby served as a key member of a team that established
a uniform method through which motor carriers
provided services to their customers. He also
assisted in the development of a transportation
management computer program module.
Disability: Bobby is a paraplegic as a result of a motorcycle accident in
1974.
Personal:
Bobby is the recipient of two awards from the Dallas-Ft. Worth
Federal Executive Board.
Name:
ALICE GOTTSCHLING
Position:
Computer Assistant
U.S. Department of Commerce
National Oceanic and Atmospheric Administration
Boulder, Colorado
Accomplishments: Alice uses computers to download and disperse budget
data to various laboratories in the Boulder area.
Disability: Alice has a genetic disorder that destroyed her central vision.
Legally blind, she depends entirely on peripheral
vision.
Personal:
Alice has a degree in elementary education from the University
of Northern Carolina. She is a recipient of the
Department of Commerce's annual federal
employees award for the Accessible Computer
Technology VII Exhibit.
CONTACT INFORMATION
OPM Employees:
Contact:
Marque Moore
Suzanne Seiden/Cathy McDermott
Kitty Kobert
202-606-1700/202-606-0132
Labor Employees:
Noelia Fernandez
Scherrone Dunhamn
202-219-9191 x103
GSA Employee:
Edwin McGillick
Bobby Stewart
817-885-6949
Commerce Employee:
Debby Blackwood
Alice Gottschling
202-482-6187
John V. Wright, Jr.
GSA Employee:
Judy McCollum
Sara Smith
817-978-4347
Agriculture Employee:
Charles Warrick
Therese Windt
202-720-6104
SSA Employees:
Eileen Houghton
Richard Siegel
410-965-4816
Marianne Daley
Defense Employee:
Judy Gilliom
Duane Halliburton
703-697-8661
SUMMARY OF EXECUTIVE ORDERS AND PRESIDENTIAL
MEMORANDUMS RELATED TO PERSONS WITH DISABILITIES
1.
Executive Order: Increasing the Opportunity for Individuals with Disabilities to be
Employed in the Federal Government
Federal agencies will be able to hire at least 100,000 individuals with
disabilities by September 30, 2005, into the full range of levels and
occupations in the Federal government.
To ensure that individuals with disabilities are given the same employment
opportunities as are afforded to non-disabled individuals, the President has
directed Federal agencies to:
Use all available hiring authorities
Expand their outreach efforts
Increase efforts to accommodate individuals with disabilities
The Director will be issuing a guidance memorandum for agencies to assist
them in their outreach and recruitment efforts, and to ensure that they comply
with this Executive Order.
2.
Executive Order: Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation
Federal agencies will establish written procedures for the processing of
reasonable accommodation requests.
These procedures will:
inform disabled individuals how to make a request for reasonable
accommodation;
explain the types of information that an individual must provide for the
agency to make a decision on such a request; and
advise individuals of their rights if an agency denies a reasonable
accommodation request.
This Order is designed to eliminate the great variation that currently exists in
each agency's reasonable accommodation procedures. The EEOC will be
issuing guidance on this order.
3.
Presidential Memorandum: Employing People with Significant Disabilities to Fill
Federal Agency Jobs that can be Performed at Alternate Work Sites,
Including the Home
As a result of recent technological advances, customer service representatives
can work from their homes or other off-site locations just as if they were
working in the "call/contact" center at the agency. Therefore, the President
has directed each agency that operates customer service call/contact centers to
identify positions that can be relocated to home-based or other off-site
facilities.
There are other activities, such the processing of insurance claims and
financial transactions, that can also be performed at an off-site location. All
agencies must determine the appropriateness of using home-based or other
off-site positions to carry out these types of work activities.
When an agency determines that it is feasible to establish home-based or off-
site positions for a particular work activity, the agency must develop a plan
that focuses on recruiting and hiring individuals with significant disabilities
for these positions.
4.
Presidential Memorandum: Renewing the Commitment to Ensure that Federal
Programs are Free from Disability-Based Discrimination
This memorandum reaffirms the federal government's commitment to
ensuring that agencies' programs are free from discrimination, and are readily
usable by persons with disabilities.
Agencies must make all programs offered on their Internet and Intranet sites
accessible to persons with disabilities by July 27, 2001.
5.
Presidential Memorandum: Assistive Technology and Universal Design
To accelerate the development of assistive technology and technology that
enables universal design, the Interagency Committee on Disability Research
will publish a report identifying priority areas for the advancement of such
technology.
After this report is published, each agency that participates in the Small
Business Innovation Research program will develop a strategy for enhancing the
development of this technology.
07/24/00 MON 16:21 FAX 202 606 2609
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wrt, UND GENERAL COURSEL
002
RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
3:30pm
GENERAL COUNSEL'S OFFICE
FAX TRANSMITTAL SHEET
Michelle
TO:
Surgame Darden asenautz
AGENCY:
OPM
fax 456-2256
TELEPHONE:
606-1700 1700
FAX NUMBER:
606-2609
FROM:
TELEPHONE NUMBER:
/
/
ROZ RETTMAN
202-395-4778
/
/
STEVE AITKEN
202-395-4728
/
MAC REED
202-395-3563
/
/
BESS WEAVER
202-395-3556
/
CARLA STONE
202-395-9177
FAX NUMBER: (202) 395-7294
DATE: 7-24-2000
NO. OF PAGES (INCLUDING COVER):
COMMENTS:
Surgame,
attached are Jurfice change please never and
advise GO san & proible
Thank you the
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WH/UMB
GENERAL
003
PRESIDENTIAL
200 Constitution Avenue, NW
( 9824 surce
TASK FORCE ON
Room S-2220
EMPLOYMENT
Washington, DC 20210
Main: 202-693-4939
OF ADULTS
Fax: 202-693-4929
: Boully - Dison,
WITH
TTY: 202-693-4920
DISABILITIES
with
www.dol.gov
FACSIMILE TRANSMITTAL FORM
Date: 7/24/00
Total Pages: 10, incl. cover
To: Mac REED
From: Becky 06LE @
Linda Kontnier
Fax#: 202-395-7294
Tel#: 693-4932
Org/Ofc: OMB
Subj: 4 ADA rders
Distribution:
Normal
Urgent/Hand Carry or Telephone
Confidential
Comments: 274 "OK" as is,
1 "OK" w/ changes.
Put Ability to Work!
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1
004
wri/
use
and other off-site locations
(c) If the head of a department or agency determines it is feasible and appropriate to
Stublish home-based/positions pursuant to its actions under paragraphs (a) and (b) of this
memorandum. such head shall develop a Plan of Action that encourages 1st the
recruitment and employment offendividuals with significant disabilities for such positions
deve pd 9 valified
/
(d) The Plan of Action intablished pursuant to paragraph (c) of this memorandum shall
be submitted TO the President's National Task Force on Employment of Adults with
Disabilities ("Task Force") (created by Executive Order 13078) within 120 days from the
date of this memorandum.
(e) The Task Force, in consultation with the Office of Personnel Management, shall be
agency
authorized to review and approve agency Plans of Action and shall be responsible for providing
implemEnting the plans and the provisions of this memorandum.
and for (t) In implementing this memorandum, agencies must honor their obligations to notify
their collective bargaining representatives and bargain over such procedures to the extent
- by law.
required
(g) This memorandum shall be implemented consistent with merit system principles
under law.
(h) This memorandum does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its officers, its employees, or any
other person.
THE WHITE HOUSE,
2
2
JUL 24 2000 13:35
202 395 7289
POGE as
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DRAFT
7-24-2000
Executive Order
1:15 p.m.
INCREASING THE OPPORTUNITY FOR INDIVIDUALS WITH
"OK"aois,
DISABILITIES TO BE EMPLOYED IN THE FEDERAL GOVERNMENT
PTFEAD
By the authority vested in me as President by the Constitution and the laws of the United
3:00p,
States of America, and in order to promote an increase in the opportunities for individuals with
7/24
disabilities to be employed at all levels and occupations of the Federal Government, and to
support the goals articulated in 5 501 of the Rehabilitation Act of 1973 (29 U.S.C. 701 a seg.). it
is hereby ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for Individuals with
Disabilities (a) Recent evidence demonstrates that, throughout the United States. qualified
persons with disabilities have been refused employment despite their availability and
qualifications, and many qualified persons with disabilities are never made aware of available
employment opportunities. Evidence also suggests that increased efforts at outreach. and
increased understanding of the reasonable accommodations available for persons with
disabilities, will permit persons with disabilities to compete for employment on a more level
playing field.
(b) Based on current hiring patterns and anticipated increases from expanded outreach
efforts and appropriate accommodations, the Federal Government, OVCT the next five years, will
be able to hire 100,000 qualified individuals with disabilities. in furtherance of such efforts,
Federal agencies shall:
(1) Use available hiring authorities. consistent with statutes, regularions. and prior
Executive orders and Presidential Memoranda;
(2) Expand their ourseach efforts, using both traditional and non-traditional
methods; and
(3) Increase their efforts to accommodate individuals with disabilities.
(c) As a model employer, the Federal Government will take the lead in educating the
public about employment apportunities available for individuals with disabilities.
(d) This order does not require agencies to create new positions or to change existing
qualification seandards for any position.
3
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Sec. 2. Implementation. Each Federal agency shall prepare A plan to increase the
opportunities for individuals with disabilities to be employed in the agency. Each agency shall
submit that plan to the Office of Personnel Management within 60 days from the date of this
order.
Sec. 3. Authority to Develop Guidence The Office of Personnel Management shall be
authorized 9 develop guidance on the provisions of this order to increase the opportunities for
individuals with disabilities employed in the Federal Government
SES. 4. Judicial Review This order is intended only 10 improve the internal management
of the executive branch and is not intended to, nor does it creste any right or benefit substantive
or procedural, enforceable at law or equity by a party against the United States, its agencies, is
officers, its employees. or any person.
THE WHITE HOUSE,
2
4
JUL 24 2000 13:30
202 395 7289
PORT at
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DRAFT
7-24-2000
1:15 p.m.
'OK"
is.
PIFFASM,
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
felt
SUBJECT:
Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination.
As we draw near the tenth anniversary of the Americans with Disabilities Act (ADA), we
have much to celebrate. This landmark civil rights law has increased opportunities for
employment education, and leisure for millions of Americans. Our country is stronger as a
result.
As we celebrate the ADA, we cannot forget that it was built on the solid foundation of
the Rehabilitation ACT of 1973 ("Act"). (29 U.S.C. § 701 et scq.), as amended. which prohibits
discrimination on the basis of disability in Federal programs and activities. One important goal
of the Act for the Federal Government is to set an example for the rest of the country by being a
model employer and providing exemplary service to its customers with disabilities. While this
goal remains constant, the nature and structure of government have changed in the decades since
the inception of the Act. New agencies have been formed, while others no longer exist.
Government is more efficient and doing more with less.
The time has come to reaffirm the Federal Government's commitment to ensuring that
agencies' programs are free from discrimination The means we use to accomplish our goals
should be tailored to the changing nature of government
I call upon the Department of Justice, the Equal Employment Opportunity Commission
("EEOC"), the Interagency Disability Coordinating Council (IDCC), and the President's National
Task Force on Employment of Adults with Disabilities to provide leadership to Federal agencies
in meeting their common goal: to ensure that today's Federal programs - - including programs of
employment- - continue to be readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct the Department of Justice and the EEOC, in close
consultation with the IDCC and the Presidents National Task Force on Employment of Adults
with Disabilities, to develop priorities under which agencies will focus on specific programs or
types of programs to ensure that they are readily accessible to persons with disabilities in
accordance with the requirements of sections 501, S04, and 508 of the Act. As the initial steps,
agencies are directed to do the following:
(a)
Make all programs offered on their Internet and Intranct sites accessible to people
with disabilities by July 27, 2001. consistent with the requirements of the Act and
subject to the availability of appropriations and technology; and
JUL 24 2000 13:36
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(9)
Publish by various means, including by incorporation on all agency Internet home
pages, the name and contact information for the office(s) responsible for
coordinating the agency's compliance with sections 501 and 504 of the Act.
I direct the IDCC to coordinate executive agencies' efforts to make the Federal
Government's electronic and information technology accessible to persons with disabilities.
1 designate the Administrator of the General Services Administration and the Secretary of
Defense to participate in the IDCC, in addition to those members set out by statute (29 U.S.C.
§ 794c).
These steps will enable Federal agencies to work together as they renew their ongoing
commitment torensure that Federal programs do not discriminate against people on the basis of
disability.
Nothing in this memorandum is intended in any way to limit the effect or mandate of
Executive Order 12250 of November 2, 1980, which conveys certain authorities upon the
Attorney General, or Executive Order 12067 of June 30, 1978, which conveys certain authorities
upon the Chair of the Equal Employment Opportunity Commission.
This memorandum is for the internal management of the executive branch and does not
create any right or benefit. substantive or procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers or employees, or any other person.
THE WHITE HOUSE,
2
4
TOTAL P. 10
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009
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wn/urld
GENERAL
COUNSEL
URAFT
7-24-2000
Executive Order
1:15 1:15 Am.
"OK" as
as
REQUIRING FEDERAL AGENCIES TO ESTABLISH PROCEDURES
TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
noted PIFEAD,
By the authority vested in me as President by the Constitution and the laws of the United
States of America; and in order to promote a model Federal workplace that provides reasonable
7/24
accommodation for (1) individuals with disabilities in the application process for Federal
employment: (2) Federal employees with disabilities to perform the essential functions of a
position: and (3) Federal employees with disabilities to enjoy benefits and privileges of
employment equal to those enjoyed by employees without disabilities, as required by the
Rehabilitation Act of 1973 (29 U.S.C. 701 E SES.). as amended, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures to Facilitate the Provision of
Reasonable Accommodation (a) Each Federal agency shall establish effective written
procedures for processing requests for reasonable accommodation by employees and applicants
with disabilities. Different components of an agency may railor their procedures as necessary TO
ensure the expeditious processing of requests.
(b) As set forth in Re-charling the Course: The First Report of the Presidential Task
Force OR Employment of Adults with Disabilities (1998). effective written procedures for
processing requests for reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may initiate B request for
reasonable accommodation, orally or in writing, If the agency requires an
applicant or employee to complete a reasonable accommodation request form for
record keeping purposes, the form must be provided as an attachment to the
agency's written procedures;
(2) Explain how the agency will process a request for reasonable accommodation,
and from whom the individual will receive G final decision;
(3) Designate a time period during which reasonable accommodation requests
will be granted or denied, absent extenusting circumstances. Time limits for
decisionmaking should be as short as reasonably possible:
(4) Explain the responsibility of the employee or applicant to provide appropriate
medical information related to the functional impairment at issue and the
7
ru 24 7000 17:34
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requested accommodation where the disability and/or need for accommodation is
not obvious;
(5) Explain the agency's right to request relevant supplemental medical
information if the information submitted does not clearly explain the nature of the
disability, or the need for the reasonable accommodation. or does not otherwise
clarify bow the requested accommodation will assist the employee to perform the
essential functions of the job or to enjoy the benefits and privileges of the
workplace:
(6) Explain the agency's right to have medical information reviewed by a medical
expert of the agency's choosing at the agency's expense;
(7) Provide that reassignment will be considered as a reasonable accommodation
if the agency determines that no other reasonable accommodation will permit the
employee with a disability to perform the essential functions of his or her current
position;
(8) Provide that reasonable accommodation denials be in writing and specify the
reasons for denial;
(9) Ensure that agencies' systems of record keeping track the processing of
requests for reasonable accommodation and maintain the confidentiality of
medical information received in accordance with applicable law and regulation:
and
(10) Encourage the use of informal dispute resolution processes to allow
individuals with disabilities to obtain prompt reconsideration of denials of
reasonable accommodation.
Agencies must also inform individuals with
croine
with
the
EEOC
disabilities that they have the righten file complaints-
01 pudsue
reasonable accommodation, are denied.
Specitumity and other statutory processes Cappealy if their requests for
Sex. 2. Submission of Agency Reasonable Accommodation Procedures to the Equal
Employment Opportunity Commission (PEOC). Within one year from the date of this order,
each agency shall submit its procedures to the EEOC. Each agency shall also submit to the
Becky
1
disabilities that they have the option of filing a complaint
Agencies must also inform individuals with
with the Equal Employment Opportunity Commission pr
pursuing other statutory a ppeal processes as appropriate
if their request for reusonable accommodation the denied.
JUL 24 2009 17:25
rt. to -Ple
&
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complaint
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MARKROS
-8490
MEMORANDUM OF UNDERSTANDING
AMONG THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
AND THE NATIONAL PROGRAM OFFICE ON SELF-DETERMINATION,
A PROJECT OF THE ROBERT WOOD JOHNSON FOUNDATION AT THE
INSTITUTE ON DISABILITY, UNIVERSITY OF NEW HAMPSHIRE
Preamble
On June 22, 1999, the United States Supreme Court decided Olmstead V. L.C., holding
that under Title II of the Americans with Disabilities Act, 42 U.S.C. §12132, "States are
required to provide community-based treatment for persons with mental disabilities when the
State's treatment professionals determine that such placement is appropriate, the affected persons
do not oppose such treatment, and the placement can be reasonably accommodated, taking into
account the resources available to the State and the needs of others with mental disabilities." 119
S. Ct. 2176, 2190 (1999).
Olmstead has prompted a nationwide reexamination of the institutionalization of
individuals with disabilities. Federal, state, and local governments, as well as private sector
entities, are examining how the movement of individuals with disabilities from nursing homes
and other institutional settings to community living can be facilitated.
On the federal level, the Departments of Housing and Urban Development (HUD) and
Health and Human Services (HHS) hereby enter into this memorandum of understanding (MOU)
to create a coordinated response to Olmstead, to be implemented in conjunction with the
1
National Program Office on Self-Determination, a project of the Robert Wood Johnson
Foundation at the Institute on Disability, a University Affiliated Program, University of New
Hampshire (NPOSD). This unique public/private partnership, entitled Access Housing 2000,
will focus on expanding the availability of accessible, affordable housing, including home-
ownership opportunities, supporting the use of individual development accounts (IDAs) for low-
to moderate-income individuals with disabilities and their families, and assuring that individuals
with disabilities receive the personal assistance and support necessary to make a smooth and
successful transition to living in the community.
Each party to this agreement commits to bring available resources to this effort, detailed
below, and to work in cooperation to identify further resources, both public and private, that
may be brought to bear for this effort. The parties to this agreement hope that Access Housing
2000 will inspire States and communities to increase their own efforts in this regard.
I. National Demonstration Project
The parties will launch a five-year national demonstration project to create a model for
facilitating the transition from institutional settings to community living for individuals with
disabilities. This demonstration project will begin with approximately 400 beneficiaries residing
in targeted regions, with a goal, depending upon available resources, of reaching 2000
beneficiaries at full implementation of the demonstration. Participants will include individuals
with disabilities who have very low incomes and who currently reside in nursing homes, state
institutions, Intermediate Care Facilities for the Mentally Retarded, group homes, their parents'
They Findential
homes, and other community-based residential programs It is a goal of the parties that the
2
Demonstration Project reach a broad geographic sweep, with a target of up to forty states and
territories at full implementation, with a goal of approximately fifty beneficiaries per state or
territory.
A. Demonstration Section 8 Voucher Targeting: HUD will make available through its
funding award process 400 Section 8 vouchers targeted for use by individuals with disabilities
and families of children with disabilities who currently reside in nursing homes or institutions in
select States. These vouchers will be administered by public housing authorities (PHAs) and be
used to rent or eventually own accessible and affordable homes. HUD will seek to identify
resources in future project years to reach full implementation. As an additional tool, HUD
expects soon to finalize a proposed rule that would allow Section 8 voucher holders to become
homeowners.
B. Individual Development Accounts: HHS will work with other public and private
agencies and foundations to identify and actively pursue strategies for enabling individuals with
disabilities and their families to establish Individual Development Accounts. HHS, working in
conjunction with others, will seek to develop and fund a specific strategy for integrating the use
of IDAs by participants in Access Housing 2000 by the beginning of its second year. These
savings accounts may be used for homeownership, post-secondary education, purchasing assisted
technology, modifying homes or residences as necessary, and capitalization of small businesses.
C. Nursing Home Transition Grants: HHS will issue a Request for Proposals at the
beginning of Fiscal Year 2001 to award $2 million in Nursing Home Transition Demonstration
Grants to incorporate and advance the major features of Access Housing 2000. These grants will
focus on assuring that persons leaving nursing homes will have adequate personal assistance to
3
meet their needs. Also, HHS will encourage States receiving Nursing Home Transition Grants
as well as Medicaid programs in other States to work with HUD and local PHAs to facilitate the
Propeet's
use of the demonstration's Section 8 vouchers by individuals leaving institutions.
D. The Ticket to Work and Work Incentives Improvement Act (TWWIIA): HHS will
permit and encourage States receiving TWWIIA Infrastructure Development Grants to use a
portion of the funds to work with these agencies and others to highlight the uses of Section 8
vouchers and otherwise expand housing options, including home ownership, and savings
opportunities for employed individuals with disabilities. HHS will encourage first round
TWWIIA Infrastructure Development Grantees, which will be announced in the Fall of 2000, to
focus a portion of their time and efforts on housing issues related to the employment of
individuals with disabilities. HHS will build more explicit linkages to Access Housing 2000 into
future grant solicitations.
E. Outreach and Local Coalition-Building: HHS will work closely with HUD and
NPOSD in targeted regions to inform state Medicaid directors, directors of state mental health,
developmental disabilities and rehabilitation agencies, PHAs, and disability groups about the
availability of the demonstration vouchers. This will be done through meetings, conferences,
existing technical assistance vehicles, and joint announcements NPOSD will focus on creating
local coalitions to build ground-level support for the initiative and to assist in its implementation.
F. Technical Assistance Exchange: HUD and HHS will fund a technical assistance
exchange to assist States, PHAs, and others to help people with disabilities rent or own homes,
establish IDAs, and control the services they receive. HHS will ensure coordination with other
existing Olmstead-related technical assistance efforts. HUD will also conduct more general
4
outreach to PHAs regarding participation in voucher programs for individuals with disabilities.
The initial funding for this TA exchange will be $1,000,000, with $500,000 from FY2001 HUD
funds and $500,000 from HHS FY2001 funds. HUD and HHS will seek resources to continue to
fund this component at $500,000 annually for five years.
G. Evaluation: NPOSD will evaluate the efficacy of the strategies developed during the
demonstration project and disseminate best practices. Additionally, the parties will seek to fund
an independent evaluation of the demonstration project.
II. National and State Coalition Building
In addition to the local coalition-building undertaken in conjunction with the
demonstration project, HUD, HHS, and NPOSD will reach out to national, State, and local
partners to engage a wide range of resources in the effort to facilitate the transition from nursing
homes and other institutional settings to community living. The parties recognize that there are
many creative and effective ways for other public and private partners to reach the goals of
Access Housing 2000, and the parties commit to helping to access resources to bear to advance
the goals of the initiative.
A. Federal Collaboration: HUD and HHS will convene a staff-level working group to
reach out to other Federal agencies to seek their participation in the work of Access Housing
2000. This outreach will focus on, but not be limited to, the Social Security Administration, the
Rehabilitative Services Administration, the National Institute on Disability and Rehabilitation
Research, the Small Business Administration, the Community Development Refinancing
Corporation, and others.
5
B. Other National and State Partners: HUD, HHS, and NPOSD will reach out to States,
State Medicaid Directors, PHAs, the disability community, foundations and other key
stakeholders to seek participation in the work of Access Housing 2000 in facilitating the
movement of individuals residing in nursing homes and institutions into their own homes and
apartments in the community.
III. Research and Policy Analysis
A. Research: NPOSD will conduct qualitative and quantitative research that examines
the process for, benefits of, and barriers to the implementation and accomplishment of the
objectives of Access Housing 2000.
B. Policy Analysis: NPOSD will prepare an analysis of Federal and State policy
affecting the implementation of this initiative. The analysis will address disincentives,
especially as they relate to the movement of individuals residing in nursing homes and
institutions into their own homes and apartments in the community, personal assistance services,
and the establishment of IDAs.
6
IV. Agreement
This MOU will become effective upon the date of the last signature on this document.
The parties agree to confer on the interpretation and implementation of the MOU as
necessary and to conduct periodic reviews of its operation.
This MOU constitutes the complete agreement between the parties.
ANDREW CUOMO
DONNA SHALALA
JAN NISBET
Secretary of Housing
Secretary of Health and
Director of the Institute
and Urban Development
Human Services
on Disability
DATE
DATE
DATE
7
Lisa M. Brown
07/22/2000 07:05:01 PM
Record Type:
Record
To:
See the distribution list at the bottom of this message
CC:
Subject: Summary of announcements
ADAAnniv.VPannounc.summ This is a combination press paper and backgrounder -- the press paper will
only include the bullet paragraphs. Pls let me know if I have misstated something or if I should describe
something differently or anything else you think of! I would like to put this in final by Monday morning.
Thanks!
Message Sent To:
[email protected]
"Nestor M. Davidson" <[email protected]>
J. Eric Gould/OPD/EOP@EOP
[email protected]
Michelle M. Aronowitz/WHO/EOP@EOP
Andrea Kane/OPD/EOP@EOP
Today, the Vice President announced steps to help qualified individuals with disabilities live and
work in the community. No one should have to live in an institution or nursing home if they can
live in the community with the right support. Everyone should have the opportunity to make the
most of their abilities and contribute to our society. Need good intro language
Grants to States to Engage in System Change Activities Designed to Build and Enhance
their Capacity to Provide Personal Assistance Services and Supports to People with
Disabilities in the Most Integrated Setting Appropriate. No one should have to live in an
institution or nursing home if they can live in the community with the right support. The
Vice President announced new funding for States to work with their disability and aging
communities to develop comprehensive, effective plans for placing qualified persons with
disabilities in the most integrated setting appropriate to their needs. Each State could use the
funds for a variety of system change, capacity building and outreach activities designed to
enable people with disabilities to have a real choice in where they want to live and receive
services, whether in their own homes and communities or in an institutional setting.
This $50 million grant initiative is drawn from section 4 of the Medicaid Community
Attendant Services and Supports Act of 1999 (MiCASSA) proposed by Senators Harkin
and Specter. It will help states develop the comprehensive, effectively working plans
endorsed by the U.S. Supreme Court in Olmstead V. LC. The grants will support States
in partnering with their disability and aging communities to identify ways to avoid
unnecessary institutionalization and advance community-based care in ways that are
realistic, equitable and affordable. Every State that is awarded a system change grant
will work with a newly established consumer task force comprised of representatives
from the disability and aging communities and service providers to develop, implement,
and evaluate real choice systems change initiatives. (Each task force will include
representatives from Developmental Disabilities Councils, State Independent Living
Councils, Commissions on Aging, organizations that provide services to individuals with
disabilities and consumers of long-term services and supports; a majority of its members
will consist of individuals with disabilities or their representatives.)
Grants under this systems change initiative can be used to:
support a Consumer Task Force to assist the State in the development,
implementation, and evaluation of its comprehensive, effectively working plan;
conduct needs assessment and data gathering, training and technical assistance, and
demonstrations of new approaches;
modify policies, practices, and procedures that result in unnecessary institutional bias
and/or the overmedicalization of long term services and supports;
enhance interagency coordination and single point of entry activities;
support public awareness programs that provide information on the choices available
to individuals with disabilities for receiving long-term services and support in the
most integrated setting appropriate;
offset per capita increased fixed costs in institutions directly related to the movement
of individuals with disabilities out of specific facilities and into the community;
cover transitional costs of assisting people with disabilities to move out of institutions
and into the community; and
other systems change activities necessary to develop, implement, and evaluate
statewide systems of personal assistance services and supports.
Policy Guidance on Medicaid that will Help States Offer Individuals with Disabilities the
Services and Supports they Need to Lead Meaningful Lives in Their Communities. The
Vice President announced new policy guidance to States to clarify Medicaid benefits
available to persons in the community and additional flexibility to provide home and
community based care services. The guidance will help States:
assist people with disabilities to make a successful transition from nursing homes and
other institutions into the community;
expand access to home and community based services; and
assure that people receive comparable Medicaid services whether they are living in an
institution or in the community.
The new Guidance will:
1. Assist people with disabilities to make a successful transition from nursing homes and
other institutions into the community:
Waiver Services: The guidance explains the quickest way a State can begin using
Medicaid waiver funds to help a person move out of a nursing home or institution
back into their community.
Coverage of Community Transition Expenses: The guidance details how
Medicaid can be used to pay for services and one-time expenses incurred when a
person moves from an institution into the community. Covered services can
include up to 6 months of case management to identify and obtain needed
services and accessibility assessments and modifications of the new home or
apartment.
Personal Care Expenses to Avoid Reinstitutionalization HCFA will now allow
States to use Medicaid to continue to pay for personal care for a period of up to
two weeks while a person with a disability is hospitalized or absent from his or
her home. This will enable a State to help individuals avoid losing their attendants
and risking unnecessary institutionalization. This will provide parallel coverage
to people whether they are living in a nursing home or in the community.
2. Expand access to home and community based services:
Habilitation: The new guidance makes clear that habilitation services can be
provided to individuals with the full range of developmental, physical and mental
disabilities (not just those with developmental disabilities) under a HCBS waiver.
This is important because habilitation services focus on assisting individuals to
acquire, retain and improve skills important for living in the community.
Out of State Services: The guidance explains how a Medicaid program can pay
for services provided to one of its beneficiaries in another state when it is in the
beneficiary's best interest to do so, such as when a person needs to access services
in rural or other underserved areas, a mother needs to be near her family, or a
student attends college out of State.
3. Assure comparability in Medicaid services:
Home Health: The new guidance informs States that they may no longer require
that people be "homebound" in order to receive Medicaid home health services.
Specifically, HCFA indicates that such a State-imposed limit violates Medicaid's
requirement that home health services be made available on a comparable basis to
anyone on Medicaid who would qualify for nursing home care. (States can set
reasonable limits that do not arbitrarily deny or reduce the amount, duration, or
scope of a required service solely because of a person's diagnosis, type of illness,
or condition, but the guidance will ensure that no one loses access to home health
services simply by leaving their homes and spending time in their communities.)
Nurse Delegation: The new guidance makes clear that States may use Medicaid to
pay for services provided by qualified individuals under the supervision of a
nurse or its nurse delegation law [what does this mean?]. States are not required
to use nurses to perform health related tasks (e.g., catheter care) which others can
be trained to do. This should help States eliminate a layer of unnecessary
medicalization of people's lives which many find extremely intrusive.
Access Housing 2000 - A Public-Private Partnership to Assist People with
Disabilities to Transition from Institutions to the Community by Providing
Affordable Housing and Necessary Supports. The Vice President announced that the
Departments of Housing and Urban Development and Health and Human Services, in
conjunction with the National Program Office on Self-Determination, a Project of the
Robert Wood Johnson Foundation at the Institute on Disability, a University Affiliated
Program, University of New Hampshire (NPOSD) are launching a unique public/private
partnership, entitled Access Housing 2000, to assist individuals with disabilities in
making the transition from nursing homes and other institutional settings into community
living. They jointly committed resources to assist States in their efforts to expand the
availability of accessible, affordable housing, assure that individuals with disabilities
receive the personal assistance and supports necessary to successfully transition from
institutions to the community, and increase the use of individual development accounts
(IDAs) for low- to moderate-income individuals with disabilities and their families.
This national demonstration project will provide a model for a coordinated
response to the Supreme Court's decision in Olmstead V. L.C.. The partners will
launch a five-year national demonstration project to create a model for facilitating
individuals with disabilities' transition from institutional settings to community
living. The project will begin with approximately 400 beneficiaries residing in
targeted regions, with a goal, depending upon available resources, of reaching
2000 persons at full implementation. Participants will include individuals with
disabilities who have very low incomes and who currently reside in nursing
homes, state institutions, Intermediate Care Facilities for the Mentally Retarded,
group homes, their parents' homes, and other community-based residential
programs. The goal is to reach a broad geographic sweep, with a target of up to
forty states and territories at full implementation. The demonstration project will
use Section 8 housing vouchers, Nursing Home Transition Grants, Ticket to
Work and Work Incentive Improvement Act grants, and other resources in a
targeted manner to help individuals with disabilities make this transition. Access
Housing 2000 will also reach out to other potential public and private partners to
encourage them to bring additional resources to this effort.
Increasing Home Ownership for Persons with Disabilities. The Vice President announced
that a letter entitled "Single Family Loan Production - Increasing Home Ownership Rates for
Persons with Disabilities" will be sent to all approved FHA mortgagees, re-emphasizing
HUD's commitment to promoting home ownership for persons with disabilities. The letter
encourages HUD's lender partners to make the dream of home ownership possible for
individuals with disabilities through increased, but prudent flexibility when underwriting
their loan applications.
Extension of income disregards - a critical incentive for employment -- to the entire range
of HUD housing assistance programs. The Vice President announced that the
Administration will take action to extend employment incentives for persons with disabilities
to all of HUD's housing assistance programs. He announced a new rule extending earned
income disregards currently applicable only to public housing to Sections 8, 811, 202 of
[what Act?], the Rental Supplement program, and the Rental Assistance program, and
pledged to work with Congress to extend the disregard to the few remaining HUD programs.
In implementing the Quality Housing and Work Responsibility Act of 1998, HUD
instituted a grace period during which the new income of individuals with disabilities
who begin working after having been unemployed or receiving certain public benefits is
not counted in the calculation of their benefits. Eligible families include those with a
person with a disability who has been unemployed for 1 or more years or been
participating in a job training/self sufficiency program, or those that have received TANF
within the past 6 months. For the first year, this important incentive for employment is a
full disregard of income, phasing down to a fifty-percent disregard in the second year.
Currently, this incentive applies only to HUD's public housing program, but the new
regulation will extend the incentive, as it applies to individuals with disabilities, to most
of HUD's housing assistance. The regulation also clarifies that certain targeted
adjustments to annual income for individuals with disabilities apply to the entire range of
HUD housing assistance. The Administration will also work with Congress to ensure
that this disregard applies to the few remaining HUD programs not covered by the
regulation.
National Mental Health Coalition to Promote Community-Based Care for Individuals with
Mental Illnesses and Substance Abuse Disorders. Millions of people with disabilities can
lead full, productive lives in their communities. But to live in the community, people need
to be able to access not only the medical and mental health services they need, but also the
housing, vocational rehabilitation, and employment services that enable them to support
themselves in the community. The Vice President announced that the Center for Mental
Health Services at the Substance Abuse and Mental Health Services Administration
(SAMHSA) will work with a broad-based group of public and private organizations,
constituencies and consumers to create state and local coalitions to assist persons with
disabilities in accessing the services they need to live in the community.
The goal of the broad-based coalition is to bring together all of the service delivery
providers needed to empower individuals with disabilities to return to their communities.
SAMHSA intends to demonstrate that this national level effort can serve as a model for
State, County, and local governments in improving the quality of life for persons with
mental health and substance abuse disorders. The partners comprising the national
coalition will include both traditional partners in the mental health and substance abuse
treatment fields, such as professional organizations representing State mental health and
substance abuse directors and protection and advocacy organizations, as well as non-
traditional partners such as private industry councils, civil rights groups, housing and
employment organizations and agencies, hospital administrators, and others.
Development and Deployment of Assistive Technology and Technology that Enables
Universal Design. The Vice President announced an Executive Memorandum requiring that
the Interagency Committee on Disability Research (ICDR) publish a report identifying
priority areas for the development and advancement of assistive technologies and universal
design capabilities, and that Federal agencies then develop a strategy for transferring such
technology for the benefit of people with disabilities. The development and transfer of
assistive technologies will facilitate the development of products that will enable people with
disabilities to work and participate in society.
Assistive technology is used to maintain or improve the functional capabilities of people
with disabilities. Universal design is the design of products and environments to be
usable by all people, to the greatest extent possible, without the need for adaptation or
specialized design. The development of assistive technologies and products that
incorporate universal design principles can significantly improve the quality of life for
people with disabilities, and increase their ability to participate in the workplace.
Technology transfers are important because they stimulate economic growth and a better
quality of life for all Americans.
Facts and Figures
Federal Government Employees
There are 1.9 million Federal employees nationwide
Federal employees represent 1.5% of this country's workforce
Last year, the federal government hired over 190,000 permanent and temporary workers.
There are 1,513 employees in the Executive Office of the President -- a number including all
employees of the Office of Management and Budget, the US Trade Representative, the
National Security Council, the Domestic Policy Council, the National Economic Council, and
others
Additional Hiring Power In the U.S.
There are 826,000 U.S. businesses with more than 20 employees
There are 1.1 million nonprofit organizations (not including congregations).
There are 135,119 congregations with more than 200 members and 205,583 congregations
with more than 100 members.
The Welfare Rolls
There are 20 percent fewer people on welfare than the day the President took his first oath
of office -- the largest decline in the history of the welfare system.
The welfare caseload fell by 2,755,000 from 14,115,000 in January 1993 to 11,360,000 in
January 1997, decreasing as much in the last four years as it increased in the first 25 years of
the program.
Before the President signed the welfare reform bill, he worked with states to test reform
strategies, giving 43 states waivers from federal rules to experiment with reforms that
required work, imposed time limits, and demanded personal responsibility. In 1993, the
President made work pay better than welfare for 15 million low income families through an
expansion of the Earned Income Tax Credit which he proposed and the Congress adopted.
2
Mary L. Smith
07/18/2000 07:52:07 PM
Record Type:
Record
To:
Michelle M. Aronowitz/WHO/EOP@EOP
CC:
Subject: welfare directive
here it is
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
March 8, 1997
March 8, 1997
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Government Employment for Welfare Recipients
Since I signed the historic welfare reform law, I have urged
businesses, nonprofit organizations, and religious groups
across the Nation to help make its promise of opportunity real
by offering jobs to welfare recipients. We are making great
progress, but there is more to do. And today, I take action
to ensure that the Federal Government, as the Nation's largest
employer, contributes to the greatest extent possible to this
national effort.
I therefore direct each of you, as head of an agency or
department, to use all available hiring authorities, consistent
with statute and prior executive memoranda, to hire people off
the welfare rolls into available job positions in the
Government.
In particular, I direct you to expand the use of the
WorkerTrainee Program and other excepted service hiring
authorities. The Worker-Trainee Program allows agencies to
quickly and easily hire entry-level persons for up to 3 years,
with the ability to convert the appointment to career status
if the employee has performed satisfactorily. Though recently
underutilized, the program allows agencies to bypass complex
Federal personnel hiring rules and procedures to bring people
into the junior grades of the work force.
I further direct you, in recognition of the different
characteristics of the various agencies' work forces, to
prepare an individualized plan for hiring welfare recipients
and to submit that plan to me within 30 days. This plan
should have three principal components:
The plan should contain a survey indicating in which
divisions and for which categories of positions your
agency can most easily hire welfare recipients, both
in the Washington, D.C. area, and in the field.
The plan should describe in detail how the agency intends
to recruit and hire qualified welfare recipients. This
description should include a proposed local outreach
program, and utilize Federal Executive Boards and Federal
Executive Agencies to bring Federal job opportunities to
the attention of welfare offices, State and private
employment offices, nonprofit organizations, and others
that work with welfare recipients on a regular basis.
This program should build upon the Government's existing
nationwide employment information systems.
The plan should describe in detail how the agency will
assist welfare recipients, once hired, to perform well
and to keep their jobs. The agency should include in
this aspect of the plan proposals for on-the-job training
and/or mentoring programs.
I expect each agency head to report to me about his or her plan
at a special cabinet meeting called for that purpose. Following
this meeting, I also expect monthly reports on implementation.
To ensure deep and continuing involvement in this issue by the
White House, I ask the Vice President to oversee this effort.
Based on his expertise in Federal workplace issues, he will
assist all agencies in carrying out their commitments.
Finally, I direct appropriate agencies to take three steps that
will help bring welfare recipients into the Federal work force
while assisting all other low-income Federal employees.
I direct each agency head to notify all employees eligible
for the Earned Income Tax Credit (EITC) of both their
eligibility and their ability to receive EITC monies each
month in their paychecks. Currently, not all agencies
inform qualifying employees of their eligibility and
options for payment. To insure uniform implementation,
I direct the Secretary of the Treasury to issue to each
agency within 15 days a statement of EITC eligibility
rules which agencies can use to inform their employees.
0
I direct the General Services Administration (GSA) to
issue within 30 days guidelines regarding use of the
Federal Fare Subsidy Program. These guidelines should
address whether agencies may offer fare subsidies based
on employee income, which would enable more agencies
to participate in the Fare Subsidy Program.
o
I direct the GSA, after consultation with all Federal
agencies, to report back to me within 30 days on plans
to assist low-income Federal workers in finding affordable
child care. This report shall include information on
agency-sponsored child care centers and agency contracts
with local child care resource and referral services, as
well as recommendations on any appropriate expansion of
these arrangements to provide assistance to low-income
Federal workers.
WILLIAM J. CLINTON
###
Task WSS Force on Employment
THE PLURIBUS UNUM
of
Adults wish with to Disabiliti
PHOTOCOPY
PRESERVATION
2000 Conference Schedule
Tuesday July
July-28 28
11 am-7 pm
Registration
9-10:15 am
General Session:
Unequal Protection
1-3 pm
Board Meeting
Under the Law
3:30-5:30 pm
Legislative Update
10-11:45 am
Concurrent Workshops
Workshop
12-2:30 pm
Awards Luncheon
7-9:30 pm
Opening Session: Not
Just Responding to
3-5 pm
Federal Agency
Change But Leading
Updates
It
7-10 pm
Evening on Your Own
Wednesday,July OF
Saturday, July 29
8-9 am
Registration
T4
NCIL Cup of Collect
8-9 am
Breakfast Carts in
Hotel
9-10:15 am
Concurrent Workshops
9-9:30 am
Organizing for March
10:30-11:45 am
Concurrent Workshops
9:30 am
Depart for Rally
12-1:30 pm
Lunch on Your Own
11 am-12:30 pm
Rally on the Hill
2-6 pm
NCIL Annual Meeting
1-5 pm
Hill Visits
8-1 am
DJ Social Event
7-12 midnite
OREPF/RCIL ADA Gala
Sunday July 30
THIS SUGGESTS NO ADDITIONAL
Thur day,
COST...
11-12 noon
Closing Session
we
9:30 am-12:30 pm/
12:30-2 pm
Incoming Board
2-4:30 pm
Registration
Meeting
10:30-11:45 am
Concurrent Workshops
12-1:30 pm
Lunch on your Own
¥5 how Registration
1:30-2:30 pm
Ceneral Session:
TIMES ON N
Making Olmstead
Work in Your State
2:45-4 pm
Concurrent Workshops
Fr, b satt
4:30-5:45 pm
Concurrent Workshops
7:30-10 pm
Multi-Cultural
Reception
PAGE. 02
MAR 06 2000 14:47
ADA 10th - White House Conference
Distribution List
Ashby, Roseann
Basha, Rhonda
Brenman, Marc
Brown, Lisa
Claypool, Henry
Correia, Eddie
Daniels, Susan
Davis, Deirdre
Eates, Antoinette
Heumann, Judy
Kielty, Alexandra
Klein, Cherie
Lancaster, John
McKinnon, William
Miller, Paul
Pannebaker, George
Richards, Curtis
Rizzo, Juliette
Roffee, Larry
Savage, Liz
Simpson, Jennifer
Strahan, Marie
Swenson, Sue
Williams, Bob
Young, Jonathan
ADA Relay Sponsorship Calls
March 15, 2000
Revised 3/17/2000
It would be appropriate for the Secretary of Labor (because she is the Task Force Chair),
Attorney General, or Chair of the EEOC to be at any of the cities or events because they will all
in some way involve civil rights.
The following document points out tie-in possibilities with other Task Force members as well.
[* = one of the 11 Cities VW wants to pay particular attention to]
KICKOFF
Sunday, June 11--Houston, TX*
Doug Drey-Mayor's Committee on People With Disabilities
Event Information:
Will include a gathering at the Multi Service Center (where the February mini-relay ended).
Wants his events to coordinate with AAASP (American Association of Adaptive Sports
Programs), now wants to shift date to June 9 to coincide with the AAASP competition. Wants to
announce torch takeoff on Friday 6/9, then have a more intense kickoff on Saturday 6/10. Also
wants to incorporate George Strait concert on Sunday.
Aiming for 1pm on Friday.
Saturday-noon or 1 start-then a barbecue
AAASP is getting youth from Atlanta, along with local VIPs (mayor, etc.), together to compete
in various sports events (basketball, indoor soccer & track and field) - trying to get schools to
incorporate these programs.
Wants to get Commissioner of the EEOC in to town (esp. For the Saturday event-which is to be
more disability related-whereas the Friday event is to be more able-body Awareness focused.
Also trying to get Trans. Sec'y Slater there because the bus system will be 100% disability
Compliant by December (the rest of the system at 90%).
Wants at least 1000 Know Your Rights packets.
Tuesday, June 13,-Austin, TX*
Ron Lucey-contact from Austin Mayor's Committee
Austin was recognized last year by Rodney Slater for innovative transportation programs.
As for Technology, Austin is "Silicon Hill Country")
Trying to keep things bipartisan (but not so easy)
Partnerships with Vocational Rehabilitation Agencies
Event Information:
State Capitol is booked for the 13th. Speaker's Rally. Objective is to connect with the civil rights
struggle of the 1960's, so they're including the African-American leaders in the community.
Dolores Gonzales (512-499-3256)-ADA coordinator, is heading up speaker list. She was the rep
that came to Washington to receive visionary award last year from the Department of
Transportation from Secretary Rodney Slater.
Unfortunately, Mayor Kirk Watson will be out at a national conference of mayors
So the Mayor Pro-Tem [] will read the city's ADA proclamation
Route is 6.2 miles, begins downtown, passes through UT, ends at complex where [] are located.
Wants to start torch moving by lunchtime.
No firm time yet for speakers, but kickoff may be 9:30 or even by 9:00am
Pace expected to avg. 3mph.
Capital Metro will run a shuttle to help folks get to the Capital.
Need @ 1000 "Know Your Rights" flyers for beginning and end of rally
No firm committments yet-big committee meeting on Monday.
Speaking Opportunities for Task Force Members:
Secretary of Transportation Slater's connection with Dolores Gonzales.
June 17-San Francisco, CA*
Theme: Birth of Independent Living Movement
Event Information: Day begins with ceremony with Mayor Brown of S.F. and a media tour of
new baseball stadium (with disability advisory committee that helped in design) showing they
exceed ADA compliance; torch appears at pregame; Mayor hands off torch and is boated across
the bay by disabled sailors; Mayor Brown of Oakland receives torch and conveys to Jack
London Square, where 100 organizations are coordinating a family festival lasting into the
afternoon.
Speaking Opportunities for Task Force Members:
(HHS Sec'y Shalala?; HUD Sec'y Cuomo?)
Minimum 5,000 "Know Your Rights" Brochures
June 19-Los Angeles, CA*
Theme: Disability in the Media/Historical Portrayal
Event Information:
L.A. planning fund-raising concert at House of Blues in advance of torch visit;
requesting celebrity involvement in Relay (possibly Relay through Hollywood's Walk of Fame)
Speaking Opportunities for Task Force Members:
Task Force Representative: FCC Chairman Kennard
Wednesday, June 21-Phoenix, AZ
Donna Redford
Denise Thompson
Event Information: Plans:
Speaking Opportunities for Secretary:
1. Breakfast Meeting
(NB: Phoenix in June is HOT)
2. Evening*: Pregame Ceremony at BankOne Ballpark-AZ Diamonbacks Baseball Game
(no more than 15 minutes) (40,000 to 50,000 Attendance + TV Coverage?)
"Community Corner" at the game where a non-profit can come in and do their thing.
FOCUS/THEME: Governor's Committee on Developmental Disabilities has been working on
Entrepeneurship Opportunities
Know Your Rights Brochures-maybe 40,000?
Speaking Opportunities for Task Force Members:
Because of Entrepreneurship emphasis-Possible Tie-In w/ SBA Administrator Alvarez; EEOC;
HUD (re. pushing for acceptance of Architectual Compliance on Local Levels);
N.B.: Transportation Tax initiative just passed 3/14 via grassroots effort (defeated 3 times
prior)-possible connection to Transportation Secretary Slater.
Saturday, June 24-Salt Lake City, UT
No coordinated Events Plan Yet
Event Information:
Speaking Opportunities for Task Force Members:
Tuesday, June 27-Denver, CO*
Torch Relay and Associated Events
Theme: Transportation? Celebration of Civil Rights
Event Information:
Night of June 26 is a Colo. Rockies Game-they will run the torch around the bases and make an
announcement.
10:00 a.m at the court building
Mayor Wellington Webb (Chairman of the National Conference of Mayors) will speak-
Torch leaves at 10:30 Two "satellites"-one going east, one going west
meets back at Civic Center Park at 4:00
hour and a half rally with several speakers
Congresswoman Diana DeGette (confirmed)
Senator Wayne Allard and Senator Ben Nighthorse-Campbell are invited
Rally Ends at 6:30
Speaking Opportunities for Task Force Members:
(Task Force Representative: Transportation Sec'y Rodney Slater)
Relay Caravan plans off-day visit to Pike's Peak for crew sightseeing and photo opportunity
with torch at the summit
Friday, June 30-Topeka, KS
contacts: Vicki Nelson, Susan Briggs
Theme: Agriculture?
Also Home of Brown V. Board of Education Decision
Transportation (Bob Dole is to be invited because of his connection with Accessible Bussing in
Topeka)
Becka Vaughn, local DRACH (Disability Rights Action Coalition for Housing) coordinator has
already made a request to HUD offices (Sec'y Cuomo) re. Accessibility in Housing
Event Information:
Working on the Local Hockey Team-Scarecrows.
Setting up a Dinner after the torch run
Speakers in the morning at the Statehouse
10 am - ish.
Governors Office and Mayors Office already involved
Know Your Rights packets: maybe 10,000
Speaking Opportunities for Task Force Members:
Possible tie-in with Secretary of Agriculture because of importance of industry in Kansas.
Already made a request to HUD offices (Secretary Cuomo) re. Accessibility in Housing
Connection to Secretary of Education because of Brown decision (but don't forget about recent
State Board decision not to teach Evolution. .)
Tuesday, July 4-St. Louis, MO
Event Information:
St. Louis Fair (4th of July - huge event)
Possible Cardinals Baseball Game
Speaking Opportunities for Task Force Members:
Friday, July 7-Madison, WI
Theme: Recreation (potentially) both participation and spectatorship-
Event Information:
Disabled Sports USA & Kawasaki, Inc. work together of a school administrated program-their
Accessible Waterskiiing Workshop runs June 6-8, the torch route will pass by.
Madison has the World's Most Accessible Sports Facility (toured by advisors for the Sydney
Olympic Games).
The U of W has the World's Largest Outing Program (HOOFERS) (self-funded within the
student union) with a significant accessibility component. (eg. :free-ski day for pwd's, etc.) And
they will participate.
ArtFair on the Square (Capital Square) is that weekend (possible connection with Renovation of
the civic center; fully accessible children's museum, other projects recently funded by a local
philanthropist).
The Torch Route (proposed) begins at the Capital, moves to new Frank Lloyd Wright Civic
Center and then through town using Bike Paths (Madison has an extremely comprehensive Bike
Path system, best in US along with Davis, CA)
Speaking Opportunities for Task Force Members:
Interior Secretary Bruce Babbitt
(A US Geological Survey Office is in Madison. There is also a Bald Eagle Sanctuary USGS and
Interior, have always been very strong and leading edge on hiring pwd's)
Probably NOT Donna Shallala [even though she used to be chancellor of UW] because of the
recent politicization of the Organ Donation Program-she's currently pretty unpopular there.
ALSO-potentially Dept. of Agriculture (Wisconsin is highly Agricultural, but timing might not
be great)
Their Torch Relay Committee will meet on the 27th and have more info after that.
Know Your Rights Brochures?-10,000 easily-up to 100,000 possible
Sunday, July 9-Chicago, IL
per Karen Tamley 312/226-5900
Theme: ADA and the Everyday
Wanting to bring to attention to the diversity of the city and its many different communities.
Event Information:
(2 committees:
Steering Committee-next. Mtg. Is Monday-if we can call Karen on Tues. or Wed. to find out
more.
Celebration Committee)
Opening Ceremony-maybe in Londale (African American Neighborhood in the "near west side"
with an accessible playground)
Ballgame-Cubs vs. White Sox: In discussion with Wrigley field for Cubs/Sox game (12:30
starting time)
May use new wheelchair accessible taxis to shuttle torch.
Closing Event in Lincoln Park
Taste of Chicago is that weekend in Grant Park (they plan to steer well clear.
.)
Speaking Opportunities for Task Force Members:
HUD Secretary Cuomo (Karen is a housing person who has been to DC & met the Sec'y)
Transportation? -- (N.B. Recently filed suit against Transit Authority for lax accessibility
compliance. possibility for protest)
Tuesday, July 11-Memphis, TN
"Not a very positive civil rights area."
Gary Vanasek-local DOJ contact
Theme: "Pro-Se-doing it for ourselves"
Speaking Opportunities for Task Force Members: They would like to have Janet Reno come out
to emphasize that Disability Rights are of significant importance.
No events yet scheduled-not getting a receptive response from anyone in State or Local Govt.
Thursday, July 13-Jackson, MS
Event Information:
Speaking Opportunities for Task Force Members:
Saturday, July 15-Montgomery, AL
Event Information:
Two blocks of Dexter Avenue will be shut down for a street celebration featuring food, music
and crafts
Speaking Opportunities for Task Force Members:
Civil Rights
Monday, July 17-Tallahassee, FL
Event Information:
April 14th-Youth Leadership Forum-on-line internet hookup, large web event
On July 16th, the night before, Independent Living Showcase in the Doubletree to highlight the 14
independent living centers and 4 "stand-alone" centers.
300-500 attending
ADA Celebration in the Evening-Unveiling a "Wall of Fame" honoring Floridians
Civic Center gathering with Bands including Van Gogh (musical duo) at close of Relay
Speaking Opportunities for Task Force Members:
Florida has a more strident accessibility code than the rest of the nations-more so than the ADA
itself.
Also proud of the work in recreation (Possibly Interior Sec'y Bruce Babbitt)
-HUD Secretary Cuomo because of their emphasis on the Visitability Initiative and the Fannie
Mae Initiative for Mortgages for First-Time Buyers with Disabilities
Kenneth Apfel-Commissioner of the Social Security Administration because of the importance
of the Ticket to Work and Medicaid Buy-In
KYR Brochures: ideally 1000 per center (13,000), plus 5,000k for torch relay = 18,000k
Wednesday, July 19-Warm Springs, GA
Event Information:
Speaking Opportunities for Task Force Members:
Thursday & Friday, July 20 & 21-Atlanta, GA*
Event Information:
Midday Celebration in Centennial Olympic Park with speakers and performances
Speaking Opportunities for Task Force Members:
Saturday, July 22-Columbia, SC
Event Information:
Picnic/rally in public park as part of the relay day.
Speaking Opportunities for Task Force Members:
Tuesday, July 25-Arlington, VA & Washington, DC*
Theme: Political Empowerment/Civic Involvement
Arlington-
9:30a.m. Welcoming Ceremony--Relay from local resource center--End Dependence Center near
the Clarendon Metro-
10:30 Torch should leave, go past Arlington National Cemetery and
ending at FDR Memorial by noon.
No speaker ready yet. May ask Justin (but 9:30 is early for him).
"Know Your Rights" Brochures - 650 on mailing list
Michael's input re. Brochures: Important to release in Alternative Formats: Large Print; Braille,
Audio Tape & Computer Disk
Wednesday, July 26--Washington, DC*
Friday, July 28-Philadelphia, PE*
Theme:Accessible Transportation for All
2 Committees are meeting
Internal-planning food, etc.
Broader Committe focusing on Torch Reception
THEME: 10 points of what is positive about the ADA (one for each year)
Mapped out route will pass torch from point to point-around Liberty Bell, to end at the Penn
Treaty Park for a picnic-this is the location for speakers.
Republican Convention Goers are invited (the convention center; Senator Arlen Specter (sponsor
for Mi Casa) is invited; the
Event Information:
Emphasis on Cross-Disability event, incl. Mayor's office,
5-7 organizations are joining up with Liberty Resources (core group) to plan and produce the
event
"Rolling Justice" marchers coming to the Republican Convention from across PA;
Torch Relay will be joined by, and leads.
Relay to Liberty Bell;
picnic/rally in public park (Possible)
Speaking Opportunities for Task Force Members:
Arlen Specter-sponsor of Mi Cassa-has been invited, which could tie in with HHS Sec'y Donna
Shalala.
[NB-lawsuits have been filed in Philly this year VS. Transportation and Housing. .it could be
awkward for Transpo. Sec'y and Sec'y of HUD (ADAPT would probably stage a protest)]
Ginny Thornburg has offered her husband, Ex-Attorney General Dick Thornburgh (AG during
ADA signing)
Need Minimum 600 "Know Your Rights" (KYR) packets.
Monday, July 31-Auburn Hills/Detroit, MI*
Theme: Highlight Advances made in Private Transportation?/Strength of Disability Marketplace
to Affect Change
Committee meeting on Tuesday
Event Information:
situation is unique because it is in 2 places
Auburn Hills is the site of VW HQ-
Then will end up in Detroit.
Speaking Opportunities for Task Force Members:
Commerce Secretary William F. Daley?
"Mi Casa" Attendant Care Service Bill-HHS Sec'y Donna Shalala
Labor Sec'y Herman
Thursday, August 3-Boston, MA*
No Organized Events yet planned.
Event Information:
Speaking Opportunities for Task Force Members:
Monday, August 7-NYC, NY*
Event Information:
Ceremony at the UN for policy makers; rally/concert at nearby public park for local residents
Speaking Opportunities for Task Force Members:
Del Moon
[email protected]
Relay Operations-also marketing
Coordinating the 24 cities
Each city to have a local Scene
(Montgomery, obviously
Denver has various transportation issues
Bay Area is the birthplace of the independent living movement)
Deeply involved with provideing technical asst., making sure that each city's events are truly
being developed as a community event-making sure that logistics are being handled
I2K born of the idea that there should be serious activity re: 10th Anniversary of the ADA
(est, over 500 events nationwide)
Torch Relay was one idea to integrate all these celebrations with a major awareness-building
project.
AAPD designated as best agent for putting together/coordinating the Torch Relay
Still in Development in Salt Lake (June 24)[almost in stand-by] and in Boston (Aug. 3)
[Paul Timmons, Jr.
404-248-9857
email: [email protected]
Lead Contact to finding out what each city is doing (esp. W/ regard to website. .)
*SPEAKER's BUREAU-to raise awareness of the torch coming into town
6 wks. Prior to torch arrival (in 11 cities [decided by VW--VW sponsors and funds the whole
event]), get speakers to come in and speak to civic organizations (eg. Chambers of Commerce,
Atlanta's 100 Black Men, etc.)
1. Identify who is available to speak.
2. Identify what groups want speakers.
3. Bring them together.
Object: to Identify a theme or tie-in, for example:
Houston/
Austin/
LA-Disability in the Media/Historical Portrayal (FCC Chairman Kennard)
San Francisco-Birth of the Independent Living Movement (HHS Sec'y Shalala?; HUD Sec'y
Cuomo?)
Denver-Public Transportation (Transpo. Sec'y Slater)
Atlanta-Civil Rights
DC-Political Empowerment/Civic Involvement]
Philly-Rural Transportation?;
Detroit-Highlight Advances made in Private Transportation?/Strength of Disability Marketplace
to Affect Change (Commerce?
Boston-undecided;
NYC-International flavor (UN?, State);
To:
Lisa Brown, Counsel to the Vice President
From: Rhonda L. Basha
Re:
SUMMARY OF CONFERENCE CALL SUGGESTIONS RE: ADA CONFERENCE
The purpose of this memo is to summarize the suggestions and issues raised during the focus
group conference calls which took place on March 14, 2000, regarding the ADA conference
being planned for July. Consistent with the recommendations made at the meeting held in your
office on March 1, 2000, the focus group agreed that there should be a conference, and that the
target group should be businesses. It was suggested that the conference highlight best practices
of employers, particularly those in the I.T. industry that have utilized innovative strategies for
employing persons with disabilities. Employers identified as potential best practice presenters
included Marriott, Hilton, and Microsoft, as well as those currently working with the President's
Committee on Employment of Persons with Disabilities. The conferees also indicated that
entrepreneurs with disabilities should also be featured.
The focus group participants also generally agreed that the conference should last about five
hours and that the format should include breakout sessions headed by Task Force members, and a
plenary session followed by a reception at the White House. Suggested sites for the conference
included Galludet University and the Chamber of Commerce, with the later being contingent on
their buying in generally.¹ The conferees further agreed that the conference should include a
display of assistive technology.
In addition to targeting employers, it was also felt that the conference should be utilized as an
opportunity for a public relations "myth busting" campaign to reach the general public and the
media. Ted Koppel, Oprah Winfrey², and Larry King, were suggested as possible venues for
obtaining media buy-in.
It was further proposed that consideration be given to focusing on the ADA as a civil rights,
versus an entitlement statute, with employment viewed as the means for bridging the gap between
the two. Other suggestions along the same lines included repackaging the civil rights message
with a more" main stream" diversity spin.
Several of the participants emphasized the need to take a pragmatic approach given the current
climate of growing anti-ADA sentiment. To this end, it was suggested that the conference
highlight progress/accomplishments in substantive areas covered under the ADA, while at the
same time emphasizing that much remains to be done, and that the inclusion of individuals with
disabilities as meaningful members of the workforce is not only not difficult; it is good business.
One possible product suggested was an "ADA 10th Anniversary-10 Lessons Learned" publication.
The need to have something measurable come out of the conference was a repeated theme. It
was suggested that rather than simply preaching to the choir that businesses, including small
¹Tom Donaghue was suggested as a contact at the Chamber.
²Secretary of Labor Alexis M. Herman has an ongoing relationship with Oprah Winfrey.
businesses, currently "sitting on the fence" be asked for a hiring commitment prior to the
conference, consistent with the model used in the Welfare to Work initiative. Other
recommendations in this vein included outreach to business foundations, to small business
lobbyists and association, to the Chamber, and to the Business Roundtable.
While no one clear idea on a banner message was evidenced, integration, inclusion, and
independence emerged as recurring themes. I would suggest that we add "innovation" to this list
which encompasses not only advancements in technology, but creative employment strategies.
Perhaps, the conference could be entitled something along the lines of The 10th Anniversary of
the ADA-A Celebration of Integration, Inclusion, Independence, and Innovation.
We are looking forward to hearing from you on next steps. I can be reached by phone at 202-
693-6112.
Dratted-
mark
EXECUTIVE ORDER
REQUIRING FEDERAL AGENCIES TO ESTABLISH EFFECTIVE WRITTEN
PROCEDURES FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the
United States of America, and in order to promote a model Federal workplace that grants: (1)
reasonable accommodations for qualified individuals with disabilities in the Federal application
process; (2) reasonable accommodations that enable qualified disabled Federal employees to
perform the essential functions of the position in question; and (3) reasonable accommodations
that enable the qualified disabled Federal employee to enjoy equal benefits and privileges of
employment as are enjoyed by employees without disabilities, as required by the Rehabilitation
Act of 1973 as amended and the Americans with Disabilities Act of 1990, it is hereby ordered as
follows:
Section 1. Establishment of Effective Written Procedures For Processing Requests for
Reasonable Accommodation.
standalone
(a) Each Federal agency shall establish effective written procedures for processing
requests for reasonable accommodation. The procedures are applicable to all qualified disabled
employees within the agency who request a reasonable accommodation. The agency is not
required to institute a single agency-wide procedure but may, in their discretion, establish
different procedures for different components of their agency.
(b) As set forth in Re-charting the Course: The First Report of the Presidential Task
Force on Employment of Adults with Disabilities (1998), effective written procedures for
processing requests for reasonable accommodation are those procedures that:
1. Explain how an employee or job applicant initiates a request for reasonable
accommodation. If the agency requires an applicant or employee to complete a reasonable
accommodation request form, the form must be provided as an attachment to the written
procedures.
2. Specify to whom the request must be submitted and from whom the employee will
receive a final decision.
3. Designate a time period during which reasonable accommodation requests will be
granted or denied, absent extenuating circumstances. If designated time deadlines are not met,
responsible agency officials should explain the delay to the employee.
4. Explain the responsibility of the employee or applicant to provide appropriate medical
information related to the functional impairment at issue and the requested accommodation.
5. Explain the agency's right to request relevant supplemental medical information if the
information submitted does not clearly explain the nature of the disability, the need for the
reasonable accommodation, or does not otherwise clarify how the requested accommodation will
assist the employee to perform the essential functions of the job or to enjoy the benefits and
privileges of the workplace.
6. Explain the agency's right to have medical information reviewed by a medical expert
of the agency's choosing at the agency's expense.
7. Provide that reasonable accommodation decisions should be in writing and specify the
reasons for denial, when applicable.
8. Provide a "plain English" explanation of certain key legal terms used in the policy
(e.g., reasonable accommodations, disability, qualified person with a disability, and undue
hardship), and reference applicable statutes and regulations as a source of the actual wording of
the terms.
9. Provide that reassignment will be considered as a reasonable accommodation if the
agency determines that no other reasonable accommodation will permit the employee to perform
the essential functions of his or her current position. In the case of reassignment to a lower
graded position, the agency has the option of providing pay retention because the action is not for
personal cause.
10. Designate a system of record keeping that tracks the processing of requests for
reasonable accommodation and maintains the confidentiality of medical information received in
accordance with applicable law and regulations.
11. State in the policy that employees have the right to file a complaint in the event that
their requests for reasonable accommodation are denied.
12. Clearly and expressly explain the role and responsibility of each agency official or
office in the grant or denial of reasonable accommodation requests.
Section 2. Submission of agency reasonable accommodation procedures for approval to the
EEOC
Each agency shall submit their procedures to the EEOC for review and approval. Upon
completion of the review the EEOC shall certify the procedures. All agencies must have EEOC
certified reasonable accommodation procedures within two years of the effective date of this
Executive Order. Agencies must honor their obligations to notify their collective bargaining
representative(s) and bargain over such procedures to the extent required by law.
Section 3. Information and training regarding the procedures.
All employees in an agency will receive a copy of the reasonable accommodation
procedures. At a minimum all supervisors will receive training on these procedures within one
year of the establishment of the EEOC certified procedures. Each agency shall notify the EEOC
when they have completed the training.
Ogle Becky <[email protected]>
01/14/2000 08:46:24 AM
Record Type:
Record
To:
Edward W. Correia/WHO/EOP
CC:
Subject: FW: executive order
In lieu of a management directive from EEOC, what do you think? Let me know
and any word from OFCCP? Thanks.
From: Maxin Mark
Sent: Monday, January 10, 2000 3:56 PM
To:
Ogle Becky
Subject:
executive order
<<DISEXECU.WPD>>
Pursuant to your request, here is a copy of the draft executive order we
discussed earlier.
- DISEXECU.WPD
EXECUTIVE ORDER
REQUIRING FEDERAL AGENCIES TO ESTABLISH EFFECTIVE WRITTEN
PROCEDURES FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the
United States of America, and in order to promote a model Federal workplace that grants: (1)
reasonable accommodations for qualified individuals with disabilities in the Federal application
process; (2) reasonable accommodations that enable qualified disabled Federal employees to
perform the essential functions of the position in question; and (3) reasonable accommodations
that enable the qualified disabled Federal employee to enjoy equal benefits and privileges of
employment as are enjoyed by employees without disabilities, as required by the Rehabilitation
Act of 1973 as amended and the Americans with Disabilities Act of 1990, it is hereby ordered as
follows:
Section 1. Establishment of Effective Written Procedures For Processing Requests for
Reasonable Accommodation.
(a) Each Federal agency shall establish effective written procedures for processing
requests for reasonable accommodation. The procedures are applicable to all qualified disabled
employees within the agency who request a reasonable accommodation. The agency is not
required to institute a single agency-wide procedure but may, in their discretion, establish
different procedures for different components of their agency.
(b) As set forth in Re-charting the Course: The First Report of the Presidential Task
Force on Employment of Adults with Disabilities (1998), effective written procedures for
processing requests for reasonable accommodation are those procedures that:
1. Explain how an employee or job applicant initiates a request for reasonable
accommodation. If the agency requires an applicant or employee to complete a reasonable
accommodation request form, the form must be provided as an attachment to the written
procedures.
2. Specify to whom the request must be submitted and from whom the employee will
receive a final decision.
3. Designate a time period during which reasonable accommodation requests will be
granted or denied, absent extenuating circumstances. If designated time deadlines are not met,
responsible agency officials should explain the delay to the employee.
4. Explain the responsibility of the employee or applicant to provide appropriate medical
information related to the functional impairment at issue and the requested accommodation.
5. Explain the agency's right to request relevant supplemental medical information if the
information submitted does not clearly explain the nature of the disability, the need for the
reasonable accommodation, or does not otherwise clarify how the requested accommodation will
assist the employee to perform the essential functions of the job or to enjoy the benefits and
privileges of the workplace.
6. Explain the agency's right to have medical information reviewed by a medical expert
of the agency's choosing at the agency's expense.
7. Provide that reasonable accommodation decisions should be in writing and specify the
reasons for denial, when applicable.
8. Provide a "plain English" explanation of certain key legal terms used in the policy
(e.g., reasonable accommodations, disability, qualified person with a disability, and undue
hardship), and reference applicable statutes and regulations as a source of the actual wording of
the terms.
9. Provide that reassignment will be considered as a reasonable accommodation if the
agency determines that no other reasonable accommodation will permit the employee to perform
the essential functions of his or her current position. In the case of reassignment to a lower
graded position, the agency has the option of providing pay retention because the action is not
for personal cause.
10. Designate a system of record keeping that tracks the processing of requests for
reasonable accommodation and maintains the confidentiality of medical information received in
accordance with applicable law and regulations.
11. State in the policy that employees have the right to file a complaint in the event that
their requests for reasonable accommodation are denied.
12. Clearly and expressly explain the role and responsibility of each agency official or
office in the grant or denial of reasonable accommodation requests.
Section 2. Submission of agency reasonable accommodation procedures for approval to the
EEOC
Each agency shall submit their procedures to the EEOC for review and approval. Upon
completion of the review the EEOC shall certify the procedures. All agencies must have EEOC
certified reasonable accommodation procedures within two years of the effective date of this
Executive Order. Agencies must honor their obligations to notify their collective bargaining
representative(s) and bargain over such procedures to the extent required by law.
Section 3. Information and training regarding the procedures.
All employees in an agency will receive a copy of the reasonable accommodation
procedures. At a minimum all supervisors will receive training on these procedures within one
year of the establishment of the EEOC certified procedures. Each agency shall notify the EEOC
when they have completed the training.
** TOTAL PAGE 02
The Office of Disability Policy, Evaluation and
methods to strengthen their investigation
Technical Assistance could provide a long-term,
processes. For example, the Department of
permanent force to continue the work needed to
Labor, through the Office of Federal Contract
ensure that persons with disabilities are
Compliance Programs, should utilize compliance
integrated into mainstream employment and
evaluation procedures that allow the agency to
training programs within the Labor Department.
focus on systemic barriers to the employment of
The Presidential Task Force would continue to be
individuals with disabilities. The Equal
responsible in the short-term for developing,
Employment Opportunity Commission, in
refining and monitoring the implementation of
coordination with the Departments of Justice and
an aggressive, national employment strategy for
Labor, should explore enhancing data collection
persons with disabilities.
efforts with respect to the employment and the
availability of persons with disabilities in the
The Task Force recommends that:
workforce, possibly through new regulations.
The President direct the Departments of
Consistent with their complementary
2
Justice and Labor, and the Equal Employ-
responsibilities for enforcement, Equal
ment Opportunity Commission to collabo-
Employment Opportunity Commission and the
rate in exploring methods for strengthening
Office of Federal Contract Compliance Program
enforcement of employment-related nondis-
should explore joint enforcement strategies.
crimination provisions of the Americans
The Task Force recommends that:
with Disabilities Act and the Rebabilitation
Act All efforts shall provide a clear and
unequivocal message that expanded
3
The President direct the Departments of
Labor, Education, and Health and Human
employment opportunities for individuals
Services, the Social Security Administration,
with disabilities are a high priority of the
tbe Office of Personnel Management, and
Administration. The efforts of the
other appropriate Federal agencies to con-
Department of Labor and the Equal
struct and coordinate, under the leadership
Employment Opportunity Commission
of the Presidential Task Force on Employ-
should include providing increased techni-
ment of Adults with Disabilities, a Youth-to-
cal assistance to employers, strengtbening
Work Initiative.
compliance evaluations, and enbancing data
Barriers to employment for youth with
collection as appropriate
disabilities include: low educational attainment;
Effective enforcement of employment-related
low educational and employment expectations;
nondiscrimination requirements is crucial to
and confusing governmental programs with
increasing employment opportunities for
conflicting eligibility criteria and goals. As a
individuals with disabilities. The agencies
result, many youth with disabilities transition
responsible for enforcement must continue to
from youth welfare to adult welfare without
explore new and more effective approaches for
access to the education and training
increasing compliance with laws requiring equal
opportunities needed to make a transition to
opportunities for job applicants and employees
work and achieve independence. This Youth-to-
with disabilities. The enforcement agencies
Work Initiative would test alternative approaches
should develop and disseminate technical
to helping youth with disabilities gain access
assistance guides to assist employers in under-
needed to education and training opportunities
standing and implementing nondiscrimination
and overcome barriers to employment
requirements. These agencies should also
Each year, about 40,000 eighteen-year-olds are
develop educational tools to inform individuals
subject to a continuing disability review for
with disabilities of the full range of protections
Supplemental Security Income (SSI) benefits, but
under the ADA and the Rehabilitation Act. The
only 25,000 are determined eligible for such
enforcement agencies also should explore
assistance. On average, the young adults deter-
26
The Presidential Task Force on Employment of Adnire with
JAN 04 2000 16:07 FR US DEPT LABOR
202 219 1198 TO 94562256
February 15, 2000
TO:
Edward W. Correia
Special Counsel to the President for Civil Rights
FROM:
Ellen J. Vargyas
Legal Counsel, Equal Employment Opportunity Commission
SUBJECT:
EEOC Comments on Draft Reasonable Accommodation Executive Order
We have reviewed the draft Executive Order on Reasonable Accommodation Procedures for
Federal Agencies (originally circulated to us in January), and have the following general
comments:
We have concerns about moving forward with this Executive Order while Management
Directive 715, addressing federal agencies' affirmative action obligations under the
Rehabilitation Act, is pending. Specifically, the subject of the draft Executive Order -
reasonable accommodation procedures - is also covered in the draft Management Directive.
Should both documents be issued, federal agencies will be subject to two different sets of
obligations and reporting requirements in this area. At a minimum, we believe that the two
documents should be coordinated as to content.
If a decision is made to move ahead with the Order, a number of areas need to be thought
through.
First, the Order should contain cautionary language emphasizing that the reasonable
accommodation procedures developed by the agencies should benefit individuals with
disabilities - not tie them up in bureaucratic requirements.
Second, Section 1(a) of the draft states that agencies may, in their discretion, establish
different procedures for different agency components. Should this result in a
proliferation of reasonable accommodation procedures, we may lose our opportunity to
provide some consistency in agencies' responses to requests for reasonable
accommodation.
Third, we have grave concerns about the certification procedures referenced in Section 2.
Absent significant additional resources, EEOC does not have the capacity to review and
certify the hundreds of procedures that will be developed by federal agencies for their
various components. We also have questions about what certification would mean. If an
agency's procedures are challenged, would the agency be entitled to any kind of legal
presumption based on the EEOC certification? If we certify an agency's procedures, are
we expected to monitor compliance? What happens if we do not certify an agency's
procedures?
As I have indicated, these are our general comments. If a decision is made to proceed with the
Order, we would be happy to provide a more detailed analysis.
National Transition Summit on Young People with Disabilities
Theme:
Bridging Systems to Improve Transition Results
Date:
June 20-21, 2000
Location:
Academy for Educational Development 1825 Connecticut Avenue, N.W.
Washington, DC 20009-5721 Tel: 202-884-8000 Fax: 202-884-8400
Purpose:
The purpose of the National Transition Summit is to explore policy options for
improving the transition results for young people with disabilities. The National
Transition Summit will identify concise and detailed recommendations for
strengthening, linking, and coordinating Federal, state, and local programs that
serve young people with disabilities.
Participants: The National Summit will include 125-150 stakeholders from across the country.
Federal agency participants include: DOL, ED, OPM, SSA, HHS, PCEPD, NCD,
Tansportation, HUD, Interior, among others.
Topic Areas: The summit will address the following fundamental questions:
1.
How can we improve transition results for all young people with disabilities?
-What needs to be done to increase the high school graduation rates of
young people with disabilities?
-What can we do to improve postsecondary education participation of
young people with disabilities?
- What can we do to improve access to and utilization of health insurance
and health care by young people with disabilities?
- What can we do to improve the employment rate of young people with
disabilities?
2.
How can we increase knowledge and understanding of young people with disabilities and
families so that they can direct community partnerships, identify and remove barriers, and
maximize results?
3.
How can we achieve systems integration at the state level and foster community
partnerships at the local level to improve outcomes for all young people with disabilities?
Outcomes:
Through facilitated dialogue, participants will develop short and long term
recommendations for strengthening and coordinating Federal programs, and
impacting the planning of systems serving youth at the state and local levels.
Based on all of the input from the National Summit, recommendations will be
made and forwarded to the Task Force for consideration in shaping the course of
transition policy at the National level.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of the Counsel to the President
Washington, DC 20502
FACSIMILE MESSAGE
TO:
David Reiser
FAX: 401-7911
DATE: 7-26-00 PAGES: + Cover 8
FROM: Michelle Aronowitz
Associate Counsel to the President
FAX NUMBER: (202) 456-2256
OFFICE NO: (202) 456-2024
COMMENTS:
The documents accompanying this facsimile transmittal sheet are intended only for the use of the individual or entity to whom it
is addressed. This message contains information, which may be privileged, confidential or exempt from disclosure under
applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the
message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying or distribution, or the
taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received the
information in error, please immediately notify the sender at the telephone number above.
07/26/00 WED 16:54 FAX 2024562256
0.
001
*** TX REPORT ***
TRANSMISSION OK
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0342
CONNECTION TEL
94017911
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ST. TIME
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USAGE T
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PGS. SENT
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RESULT
OK
EXECUTIVE OFFICE OF THE PRESIDENT
Office of the Counsel to the President
Washington, DC 20502
FACSIMILE MESSAGE
TO:
David Reiser
FAX: 401-7911
DATE: 7-26-00 PAGES: + Cover 8
FROM: Michelle Aronowitz
Associate Counsel to the President
FAX NUMBER: (202) 456-2256
OFFICE NO: (202) 456-2024
Eugenia Chough
05/22/2000 03:40:37 PM
Record Type:
Record
To:
Michelle M. Aronowitz/WHO/EOP@EOP
CC:
Lisa M. Brown/OVP/EOP@EOP, J. Eric Gould/OPD/EOP@EOP, Andrea Kane/OPD/EOP@EOP
Subject: Disability paper I promised
HUD_051100.wpTransp_051000.wpMCH Leg_051900wMCH_options_061900
1. HUP
2.DOT
DOT
3. Iseachs 2 ready to work
4. Healty & Ready So WORK
RECOMMENDATIONS
FOR THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
The lack of accessible, affordable housing continues to be a major barrier to
participation of people with disabilities in the community and the economic
life of the nation. Obtaining affordable housing, and the location of that
housing, are often key to employment and the ability to climb the career
ladder. Difficulty obtaining housing negatively affects opportunities for
employment as well as access to public services and transportation to reach
that employment. Housing barriers manifest themselves differently
depending on the disability, and whether the individual is living in a
community or an institutional setting. The impact of such barriers is severe.
In order to eradicate these barriers, HUD must lead the way in implementing
policies and programs that recognize the housing needs of people with
disabilities. This can be accomplished most effectively through actively
seeking participation from the disability community; through interagency
cooperation between HUD and other federal agencies (including SSA, DOT
and HCFA); and through a conscientious and expeditious enforcement of
existing laws, rules and regulations.
The following recommendations, if implemented, will go a long way toward
eliminating many of the barriers to accessible, affordable housing that exist
for people with disabilities. The first six recommendations apply to all
individuals with disabilities in need of community-based, affordable housing.
The seventh recommendation targets individuals currently residing in
nursing homes and institutional settings. In Olmstead V. L.C. , 119 S.Ct.
2176 (1999), the Supreme Court ruled that "unjustified isolation is properly
regarded as discrimination based on disability.. under Americans With
Disabilities Act. Accordingly it is necessary for HUD to substantially
increase housing opportunities for individuals with disabilities. The following
recommendations seek to provide a basis from which to accomplish this
goal.
I. CONSOLIDATED PLANS
HUD will ensure that Consolidated Plans address and fund the priority
housing needs of people with disabilities.
Background: Perhaps the most critical and effective tool for eradicating
barriers to housing for people with disabilities is a proactive review of and
reconciliation between the Consolidated Plans received by HUD each year
and data derived both from these plans and from other entities in terms of
housing needs.
Since adoption of final regulations in January 1995, HUD has required local
government recipients of certain federal housing funds (Community
Development Block Grants, HOME funds, Housing Opportunities for People
with AIDS and Emergency Shelter Grants) to submit a Consolidated Plan
outlining the housing needs of low- and moderate-income residents. The
Consolidated Plan is the planning tool for communities. HUD's regulations
require that federal housing funds be spent in a manner that is "consistent"
with this statement of needs identified through the planning process.
However, HUD does little to examine whether housing funds are actually
spent in areas of greatest need.
Many jurisdictions fail to even identify the priority housing needs of people
with disabilities in this process. Often this is because of lack of access to
data on housing needs of people with disabilities, as well as lack of inclusion
of people with disabilities and organizations that represent them in
discussions and planning regarding community development.
To address this problem, HUD should actively conduct random compliance
reviews of five percent (5%) of the Consolidated Plans submitted by state
and local governments, and should report to Congress and the Presidential
Task Force on Employment of Adults with Disabilities on the extent to which
such Plans (a) accurately identify the priority housing needs of people with
disabilities; (b) direct the spending of federal housing funds to meets such
priority needs; and © contain affirmative outreach efforts to ensure that
people with disabilities and their advocates are included in the planning
process. In concert with this review of consolidated plans, HUD should fund
partnership initiatives with the disability community (e.g., centers for
independent living, non-profit disability and community provider
organizations) in those same locales in order to gather customer-focused
input relating to plan development and housing needs of people with
disabilities.
II. DATA COLLECTION
HUD should take affirmative steps to improve its efforts to assess the
priority housing needs of people with disabilities.
Background: To fully determine the current and future housing needs of
people with disabilities, it is essential to fully document the current use of
HUD-funded programs by people with disabilities. The HUD Office of Policy
Development and Research is the most appropriate vehicle to accomplish
this important task. In conjunction with other federal agencies (such as
HHS, SSA and DOT), and in consultation with national disability
organizations, HUD should prepare a report annually delineating these data
and projections of future public and assisted housing needs of people with
disabilities.
III. TAX CREDITS
The Department of Treasury must take affirmative steps to ensure that
housing built with federal low income housing tax credits comply with
the Accessibility and Nondiscrimination Requirements of the Fair
Housing Act.
Background: Since 1986, the Low Income Housing Tax Credit program has
been the nation's primary engine for affordable rental housing development.
The program is administered by the Department of the Treasury, which
makes allocations of credits available each year in cooperation with state
housing finance agencies (HFAs). However, many Tax Credit units have
been built in violation of the accessibility guidelines promulgated under the
Fair Housing Act. This is in part because the Department of the Treasury
has no special expertise in low-income housing or civil rights enforcement,
and has not developed a compliance program for developers. In other
instances, Tax Credit developers have failed to implement affirmative
marketing programs or have adopted other policies which discourage the
tenancy of people with disabilities.
Treasury, in conjunction with HUD and the Department of Justice, should
issue policy-guidance to state housing financing agencies (HFAs) directing
them to develop adequate monitoring mechanisms-to ensure (1) that
housing built with tax credits fully comply with accessibility requirements,
and (2) that developers do not discouraged the tenancy of people with
disabilities.
IV.
INTERNATIONAL BUILDING CODE 2000
Federal, state and local governments must work together to
incorporate the Accessibility Requirements of the Fair Housing Act
into local building codes.
Background: The Fair Housing Act requires that multifamily buildings with
four or more units which were built for first occupancy after March 13, 1991
must meet basic accessibility requirements. Pursuant to the statutory
requirement, HUD promulgated the Fair Housing Accessibility Guidelines on
March 6, 1991. According to later HUD publications (including the Fair
Housing Act Design Manual), these Guidelines demonstrate a number of
ways that architects, builders, developers and others can satisfy the Act's
accessibility requirements. However, Congress and HUD cannot require
state and local governments to incorporate these requirements into local
building codes. As a consequence, nine years after the effective date, a
significant proportion of new multifamily units are being built in an
inaccessible fashion.
HUD has worked with the International Code Council (ICC) and has
determined that ICC's proposed International Building Code 2000 is
consistent with the Act's accessibility requirements. This model should be
offered to state and local governments as a means of ensuring that local
building codes are consistent with the Act. The federal government should
strongly encourage, through Secretarial memorandum, state and local
adoption of the International Building Code 2000.
V. HOME OWNERSHIP
Congress should amend the United States Housing Act to provide a
single grant home ownership downpayment option under Section 8
housing assistance programs. This program can be implemented by
HUD through a pilot program.
Background: In this record era of home buying by the American people, the
dream of home ownership by most people with disabilities is simply
unobtainable. Most people with significant disabilities do not have the
savings or the income level to secure a loan and make monthly payments.
Legislation must be passed which encourages and facilitates home
ownership through policies that promote the production of affordable
housing, encourage tax incentives, and facilitate the availability of flexible,
capital-for homeownerhsip opportunities, as well as provide local
governments with increased flexibility under existing Federal programs to
facilitate home ownership.
VI. HUD REGULATION ENFORCEMENT
Strengthen the ability of HUD and the Department of Justice to
enforce the Fair Housing Act.
Background: When it passed the Fair Housing Amendments Act of 1988,
Congress not only extended protection to people with disabilities, it also
completely revised the enforcement process, giving significant new
responsibility to the Departments of HUD and Justice to resolve complaints
through conciliation, administrative hearings and the courts. The Act
requires HUD to complete its initial investigation of complaints within 100
days of filing. However, this deadline is routinely missed and HUD and its
cooperating state civil rights agencies have large backlogs of complaints.
By statute, Justice handles cases involving zoning, and patterns and
practices of discrimination. However, Justice currently lacks necessary
resources to pursue all of the cases presented in a prompt fashion.
Actions should include: (a) increasing the civil rights enforcement budget for
HUD and the Department of Justice to ensure prompt resolution of
discrimination complaints; and (b) providing intensive outreach, information
and technical assistance from HUD to the disability community on housing
laws and policy.
VII. PROPOSED INITIATIVE: ACCESS HOUSING 2000
A proactive initiative should be implemented in response to the
Olmstead decision to expand the availability of accessible, affordable
housing and home ownership opportunities for people with
disabilities and their families.
Background: As a federal response to the Olmsteaddecision,
AccessHousing 2000 would be a partnership between HUD, HHS, and other
agencies as appropriate, aimed at assisting individuals with disabilities to 2
move from nursing homes and other institutions into the community. This
would be done by improving and expanding the availability of accessible,
affordable housing and home ownership opportunities for low to moderate
income individuals with disabilities and their families; and an array of
personal assistance and supports such individuals need in order to make a
smooth and successful transition to living in the community.
HUD and HHS would launch this targeted initiative by:
Setting aside a minimum of 2000 Section-8 certificates for use
by people with disabilities and families of children with
disabilities who currently reside in nursing homes or institutions
in select States to rent, lease or purchase their own accessible
and affordable homes and residences.
Directing States receiving nursing home transition grants to work
with HUD, State and local housing agencies and others to
facilitate the use of Section 8 vouchers by those leaving
institutions.
Expressly permitting and encouraging States receiving WIIA
infrastructure development grants to use a portion of the funds
to work with these agencies and others to highlight the uses of
Section 8 vouchers and otherwise expand housing and home
ownership opportunities for employed individuals with
disabilities.
Urging State Medicaid Directors and other key stakeholders to
tap into the initiative.
Working with SSA in identifying ways Individual Development
Accounts can be used by individuals with disabilities and
families to purchase, rent or make necessary modifications to a
home or residence.
Funding a technical assistance exchange at $500-750,000 a
year for 4 years to assist States and others on supporting people
with disabilities to rent or own homes and have a controlling say
in how they live life.
Encouraging other Federal agencies, Fannie Mae, States, the
disability community, foundations and others to make specific
contributions to the work of AccessHousing 2000, especially as
it relates to the movement of individuals residing in nursing
homes and institutions into community homes and apartments.
RECOMMENDATIONS
Reauthorization of TEA-21
TEA-21 authorizes $42 billion for transit and $175 billion for highways. Compared to
ISTEA, it includes a good mix of increased funding, encouraging state and local partnerships
and innovative practices. It does target TANF recipients, but not people with disabilities
specifically (other than through formula grants for purchasing lift-equipped vehicles to comply
with the ADA). Its authority extends through 2003. The reauthorization affords a great
opportunity to "pick" our way through the bill, changing and adding programs.
1. Require the Department of Transportation to collect data on the use of public and private
transportation options by individuals with disabilities (including the numbers of individuals
using fixed route transportation VS. paratransit, numbers who cannot drive, who own/lease their
own vehicles, who use public transportation for work, who use human service-funded
transportation for work, etc.).
2. Require the Department of Transportation, through its Access Flagship Initiative, One DOT,
or other mechanism, to review the programs and funding amounts currently authorized under
TEA-21 to determine how each program can be modified to better respond to the needs and
capacities of people with disabilities.
3. Require the Department of Transportation to assess the benefits and barriers to establishing a
Local Coordination grants program under the Federal Transit Administration.
4. Require the establishment of a time-limited task force consisting of representatives from
DOT, DOL, HHS, transit authorities, transit providers and disability advocacy groups to review
existing law and practice and develop recommendations to the Secretary of DOT regarding the
provision of transportation services to Americans with disabilities. Their Report should be
completed and submitted to the Secretary of Transportation by April 1, 2001, prior to planning
for the reauthorization.
5. Require the Department of transportation to assess the need for additional funding and
outreach for sidewalk improvements under the Federal Highway Administration's Surface
Transportation Program.
Expansion of the Coordinating Council on Access and Mobility
The Council, formed in 1986 with certain functions mandated under TEA-21, includes
representatives of all of the major programs under DOT and HHS. Recently, it has invited
representatives of the Department of Labor to participate on at least an informal basis. The
objective of the Council is to remove barriers to the efficient use of human services
transportation. The Council is in the process of developing joint state and local guidelines for
transportation coordination that are very much needed and long overdue (the GAO has been very
critical of the Council in this respect).
1. Expand the Coordinating Council to include representation from several agencies within, at a
minimum, the Department of Labor, Housing and Urban Development, and the Department of
Education.
2. Require the Council to develop an assessment of the benefits and barriers of transportation
coordination for people with disabilities.
3. Require the Council to develop a strategy for including people with disabilities in all of its
proposed initiatives and activities.
4. Require the Coordinating Council to sponsor a series of regional workshops on facilitating
local coordination of transportation for people with disabilities for representatives of workforce
investment boards, people with disabilities, transit authorities, private providers, metropolitan
planning organizations, and advocacy organizations.
5. Require the Coordinating Council to assess accessibility to public transportation (sidewalks,
curb cuts, stations, etc.) And the role other federal agencies should play in this effort.
Changes to Existing Programs
Job Access and Reverse Commute (Section 3037). Authorized at $150 million but currently
funded at $75 million, it provides competitive grants for transportation to suburban employment
from suburban, inner city and rural locations. It is intended primarily for TANF recipients.
1. Require the Department of Transportation to assess the benefits of setting aside a minimum
of 10% of funding under the Access to Jobs grant program for the 2002 fiscal year.
2. Require the Department of Transportation to include as a criterion for awarding grants the
existence of a plan and financing strategies for including TANF recipients who have disabilities.
3. The Department of Transportation should require each grant recipient to develop a plan for
providing transportation services for TANF recipients who have disabilities.
Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities
(Section 3013). Provides capital assistance, through the states, to organizations that provide
specialized transportation (at 90% federal share for costs of vehicles that are needed to comply
with the ADA).
4. The Department of Transportation should provide funding for the establishment of a national
database on public and private transit providers which can be accessed through an "800" number
by individuals with disabilities, Older Americans, TANF recipients, and others.
5 The Department of Transportation should provide funding for informational materials for
individuals with disabilities that can be disseminated at one-stop centers. In addition, funding
should be made available for training of one-stop counselors and administrators on
transportation options and best practices related to providing transportation.
6. Require the Department of Transportation to assess the effects of implementing the proposed
Intelligent Transportation Systems (ITS) on the employment of people with disabilities.
7. Require the Department of Transportation to send letters to States encouraging them to
recruit individuals with disabilities through the On-the-Job Supportive Services program
(Section 1208), including recruiting youth with disabilities for the Summer Transportation
Institutes.
8. Require the Department of Transportation to include individuals with disabilities as one of
the core groups targeted (along with minorities and women)in the On-the-Job Supportive
Services program.
9. Require the Department of Transportation to develop a plan for assisting states to "market"
mainline public transportation options and other, nontraditional transportation options for people
with disabilities. Even with a greater percentage of mainline buses being lift-equipped, there
remains an overreliance on paratransit in most urban centers (as opposed to specialized
transportation, where fixed route options are not available).
10. The Department of Justice should assess the Federal
Transit Administration's ADA compliance process, and develop recommendations related to its
own enforcement role in this effort.
11. The Department of Labor should require that both State and Local Workforce Investment
Boards, created under the Workforce Investment Act of 1998, report on a yearly basis on
progress for individuals with disabilities in getting to and from jobs.
Healthy and Ready to Work (HRTW): Transition for Adolescents with Special Health Care
Needs
Authorizing Legislation - Title V of the Social Security Act, as amended
FY 2001
FY 2000
President's
FY 2002
Actual
Budget
Request
Change
BA
$0
$0
$150,000,000
+$150,000,000
FTEs
0
0
5
+5
2002 Authorization
Such sums as may be
necessary
Purpose and Method of Operations
Improves the provision of rehabilitation services to Supplemental Security Income (SSI)-
eligible children under the age of 16 when these services are not available through
Medicaid.
Increases services for families of and youth/young adults (up to age 25) with special
health needs as they transition from pediatric to adult health care, from school to work
and from family dependence to independent living.
RATIONALE FOR BUDGET REQUEST
The goal of the HRTW: Transition for Adolescents with SHCN Initiative is to fund states to
develop and implement successful strategies to meet the rehabilitation requirement currently in
the statute, by either coordinating transition services or providing those services when not
otherwise available in the community. This fits into the HRSA goal to eliminate barriers to care.
(Transition includes moving from pediatric to adult health care, from high school to post-
secondary education and/or employment.)
More than 90 percent of all children who develop a disabling condition in childhood now
survive into adulthood (Rosen, 1994). As one would expect, children with special health care
needs (CSHCN) often become adults with chronic and disabling health conditions. Almost 70
percent of Americans with disabilities ages 16 - 64 are unemployed (National Organization on
Disability, Harris Survey, 1998). Fear of losing medical coverage is one of the most significant
barriers to the participation of SSI disability beneficiaries in a Vocational Rehabilitation
program, their return to work, or both (GAO Report, Social Security Disability Redesign,
GAO/HEHS-96-62).
Approximately 800,000 children with disabilities under age 16 receive SSI benefits across the
nation. About 250,000 are adolescents, the typical age category for transition planning and
receipt of services (SSI Annual Statistical Report, SSA, July 1998). Families indicate that there
are inadequate programs and resources to help their adolescents make the transitions necessary to
become independent, self-supporting adults (MCHB-funded Needs Assessments, HRTW Grant
Projects, 1998). State Title V/CSHCN programs do not have a uniform, or even comparable,
response to their responsibility to provide rehabilitative services (Survey results, Institute for
Child Health Policy, University of Florida at Gainesville, 1998).
The FY 2002 request of $150,000,000 will provide an overall emphasis within States on
rehabilitation and transition issues for adolescents with special health needs. This should lead to
increased numbers of young adults with disabilities being served in the adult healthcare
community, becoming employed and independent.
Outputs:
FY2002
Increased percentage of CSHCN, under age 16
75%
and receiving SSI benefits, being served for
rehabilitative services, as reported in the Title V
Annual Block Grant application.
Increased percentage of CSHCN making the
60%
transition to adult health care, post-secondary
education and employment.
DRAFT
May 18, 2000
Healthy and Ready to Work Options:
We previously recommended a legislative change to provide for Healthy and Ready to
Work (HRTW) services for youth with special health needs through the State Title V
Maternal and Child Health Children with Special Health Care Needs (CSHCN) programs.
The intent was to provide a clear authority and accompanying funding appropriation to
ensure the provision of appropriate services to youth with special health needs in
transition to adulthood. However, if a legislative option is not available, the following
resource alternatives should be considered:
1) A line item appropriation could be added for the Health Resources and Services
Administration (HRSA) to provide national HRTW services through the State Title V
programs.
2) A budget request for FY 2002 was prepared within the Maternal and Child Health
Bureau requesting $150 million to establish a national HRTW services program
within the existing Title V legislation. That proposal did not make it through the
HRSA level since at the time of consideration it was believed that the above-
mentioned legislative proposal would address the issue. At this time, the budget
request could be reinstated at the Department or OMB level. (A copy of the request
is attached.)
3) A Presidential Directive or Executive Order could create a Federal HRTW
Interagency Council, composed of HRSA, Health Care Financing Administration
(HCFA), Social Security Administration, Department of Education, Department of
Labor, and other appropriate departments and agencies, family and youth
representatives, etc., with the charge of working together to ensure access to and
utilization of HRTW services by youth with special health needs. As part of the
directive or order, HCFA and/or other participating Federal entities could be required
to contribute funds through an inter-agency agreement to either conduct a
demonstration program or roll out a full-scale national HRTW program.
4) The demonstration authority and funding of the Work Incentives Improvement Act
could be utilized for HRTW services to youth with special health needs.
5) The pending Family Health Opportunities Act could possibly absorb the HRTW
proposal or under that Act's demonstration authority, a HRTW demonstration could
be conducted.
Andrea Kane
06/06/2000
Record Type:
Record
To:
Eugenia Chough/OPD/EOP@EOP
CC:
j. eric gould/opd/eop@eop, michelle m. aronowitz/who/eop@eop, marsha scott/who/eop@eop
Subject: Re: Disability Task Force -- HUD and DOT actions
Eric - in case you can't reach Jacquie, try one of her deputies: Deborah Vincent (708-0270, or 708-0950
x6996) or Doug Kantor (708-0280 X 6346)
Eugenia Chough
06/06/2000 06:41:25 PM
Record Type:
Record
To:
J. Eric Gould/OPD/EOP@EOP, Michelle M. Aronowitz/WHO/EOP@EOP
CC:
Marsha Scott/WHO/EOP@EOP, Andrea Kane/OPD/EOP@EOP
Subject: Disability Task Force -- HUD and DOT actions
Bill McKinnon of the Task Force on the Employment of Adults w/ Disabilities forwarded me these 2
documents (attached) detailing actions that HUD and Transportation could take to implement their
directives. Next steps are to get the agencies to commit to some of these actions and come up with
other ideas if they have them. Eric's touching base w/ Nancy McFadden at Transportion and Jacquie
Lawing at HUD.
HUD rec_051000.w Transportation rec_051000.
RECOMMENDATIONS
FOR THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
The lack of accessible, affordable housing continues to be a major barrier to
participation of people with disabilities in the community and the economic
life of the nation. Obtaining affordable housing, and the location of that
housing, are often key to employment and the ability to climb the career
ladder. Difficulty obtaining housing negatively affects opportunities for
employment as well as access to public services and transportation to reach
that employment. Housing barriers manifest themselves differently
depending on the disability, and whether the individual is living in a
community or an institutional setting. The impact of such barriers is severe.
In order to eradicate these barriers, HUD must lead the way in implementing
policies and programs that recognize the housing needs of people with
disabilities. This can be accomplished most effectively through actively
seeking participation from the disability community; through interagency
cooperation between HUD and other federal agencies (including SSA, DOT
and HCFA); and through a conscientious and expeditious enforcement of
existing laws, rules and regulations.
The following recommendations, if implemented, will go a long way toward
eliminating many of the barriers to accessible, affordable housing that exist
for people with disabilities. The first six recommendations apply to all
individuals with disabilities in need of community-based, affordable housing.
The seventh recommendation targets individuals currently residing in
nursing homes and institutional settings. In Olmstead V. L.C. , 119 S.Ct.
2176 (1999), the Supreme Court ruled that "unjustified isolation is properly
regarded as discrimination based on disability. under Americans With
Disabilities Act. Accordingly it is necessary for HUD to substantially
increase housing opportunities for individuals with disabilities. The following
recommendations seek to provide a basis from which to accomplish this
goal.
Raudomine Compliance
Reine wr
I. CONSOLIDATED PLANS
HUD will ensure that Consolidated Plans address and fund the priority
housing needs of people with disabilities.
Background: Perhaps the most critical and effective tool for eradicating
barriers to housing for people with disabilities is a proactive review of and
reconciliation between the Consolidated Plans received by HUD each year
and data derived both from these plans and from other entities in terms of
housing needs.
Since adoption of final regulations in January 1995, HUD has required local
government recipients of certain federal housing funds (Community
Development Block Grants, HOME funds, Housing Opportunities for People
with AIDS and Emergency Shelter Grants) to submit a Consolidated Plan
outlining the housing needs of low- and moderate-income residents. The
Consolidated Plan is the planning tool for communities. HUD's regulations
require that federal housing funds be spent in a manner that is "consistent"
with this statement of needs identified through the planning process.
However, HUD does little to examine whether housing funds are actually
spent in areas of greatest need.
Many jurisdictions fail to even identify the priority housing needs of people
with disabilities in this process. Often this is because of lack of access to
data on housing needs of people with disabilities, as well as lack of inclusion
of people with disabilities and organizations that represent them in
discussions and planning regarding community development.
To address this problem, HUD should actively conduct random compliance
reviews of five percent (5%) of the Consolidated Plans submitted by state
and local governments, and should report to Congress and the Presidential
Task Force on Employment of Adults with Disabilities on the extent to which
such Plans (a) accurately identify the priority housing needs of people with
disabilities; (b) direct the spending of federal housing funds to meets such
priority needs; and © contain affirmative outreach efforts to ensure that
people with disabilities and their advocates are included in the planning
process. In concert with this review of consolidated plans, HUD should fund
partnership initiatives with the disability community (e.g., centers for
independent living, non-profit disability and community provider
organizations) in those same locales in order to gather customer-focused
input relating to plan development and housing needs of people with
disabilities.
II. DATA COLLECTION
HUD should take affirmative steps to improve its efforts to assess the
priority housing needs of people with disabilities.
Background: To fully determine the current and future housing needs of
people with disabilities, it is essential to fully document the current use of
HUD-funded programs by people with disabilities. The HUD Office of Policy
Development and Research is the most appropriate vehicle to accomplish
this important task. In conjunction with other federal agencies (such as
HHS, SSA and DOT), and in consultation with national disability
organizations, HUD should prepare a report annually delineating these data
and projections of future public and assisted housing needs of people with
disabilities.
III. TAX CREDITS
The Department of Treasury must take affirmative steps to ensure that
housing built with federal low income housing tax credits comply with
the Accessibility and Nondiscrimination Requirements of the Fair
Housing Act.
Background: Since 1986, the Low Income Housing Tax Credit program has
been the nation's primary engine for affordable rental housing development.
The program is administered by the Department of the Treasury, which
makes allocations of credits available each year in cooperation with state
housing finance agencies (HFAs). However, many Tax Credit units have
been built in violation of the accessibility guidelines promulgated under the
Fair Housing Act. This is in part because the Department of the Treasury
has no special expertise in low-income housing or civil rights enforcement,
and has not developed a compliance program for developers. In other
instances, Tax Credit developers have failed to implement affirmative
marketing programs or have adopted other policies which discourage the
tenancy of people with disabilities.
Treasury, in conjunction with HUD and the Department of Justice, should
issue policy guidance to state housing financing agencies (HFAs) directing
them to develop adequate monitoring mechanisms to ensure (1) that
housing built with tax credits fully comply with accessibility requirements,
and (2) that developers do not discouraged the tenancy of people with
disabilities.
IV.
INTERNATIONAL BUILDING CODE 2000
Set
Memmandum.
Federal, state and local governments must work together to
incorporate the Accessibility Requirements of the Fair Housing Act
into local building codes.
Background: The Fair Housing Act requires that multifamily buildings with
four or more units which were built for first occupancy after March 13, 1991
must meet basic accessibility requirements. Pursuant to the statutory
requirement, HUD promulgated the Fair Housing Accessibility Guidelines on
March 6, 1991. According to later HUD publications (including the Fair
Housing Act Design Manual), these Guidelines demonstrate a number of
ways that architects, builders, developers and others can satisfy the Act's
accessibility requirements. However, Congress and HUD cannot require
state and local governments to incorporate these requirements into local
building codes. As a consequence, nine years after the effective date, a
significant proportion of new multifamily units are being built in an
inaccessible fashion.
HUD has worked with the International Code Council (ICC) and has
determined that ICC's proposed International Building Code 2000 is
consistent with the Act's accessibility requirements. This model should be
offered to state and local governments as a means of ensuring that local
building codes are consistent with the Act. The federal government should
strongly encourage, through Secretarial memorandum, state and local
adoption of the International Building Code 2000.
V. HOME OWNERSHIP
Congress should amend the United States Housing Act to provide a
single grant home ownership downpayment option under Section 8
housing assistance programs. This program can be implemented by
HUD through a pilot program.
Background: In this record era of home buying by the American people, the
dream of home ownership by most people with disabilities is simply
unobtainable. Most people with significant disabilities do not have the
savings or the income level to secure a loan and make monthly payments.
Legislation must be passed which encourages and facilitates home
ownership through policies that promote the production of affordable
housing, encourage tax incentives, and facilitate the availability of flexible
capital for homeownerhsip opportunities, as well as provide local
governments with increased flexibility under existing Federal programs to
facilitate home ownership.
VI. HUD REGULATION ENFORCEMENT
Strengthen the ability of HUD and the Department of Justice to
enforce the Fair Housing Act.
Background: When it passed the Fair Housing Amendments Act of 1988,
Congress not only extended protection to people with disabilities, it also
completely revised the enforcement process, giving significant new
responsibility to the Departments of HUD and Justice to resolve complaints
through conciliation, administrative hearings and the courts. The Act
requires HUD to complete its initial investigation of complaints within 100
days of filing. However, this deadline is routinely missed and HUD and its
cooperating state civil rights agencies have large backlogs of complaints.
By statute, Justice handles cases involving zoning, and patterns and
practices of discrimination. However, Justice currently lacks necessary
resources to pursue all of the cases presented in a prompt fashion.
Actions should include: (a) increasing the civil rights enforcement budget for
HUD and the Department of Justice to ensure prompt resolution of
discrimination complaints; and (b) providing intensive outreach, information
and technical assistance from HUD to the disability community on housing
laws and policy.
VII. PROPOSED INITIATIVE: ACCESS HOUSING 2000
A proactive initiative should be implemented in response to the
Olmstead decision to expand the availability of accessible, affordable
housing and home ownership opportunities for people with
disabilities and their families.
Background: As a federal response to the Olmsteaddecision,
AccessHousing 2000 would be a partnership between HUD, HHS, and other
agencies as appropriate, aimed at assisting individuals with disabilities to
move from nursing homes and other institutions into the community. This
would be done by improving and expanding the availability of accessible,
affordable housing and home ownership opportunities for low to moderate
income individuals with disabilities and their families; and an array of
personal assistance and supports such individuals need in order to make a
smooth and successful transition to living in the community.
HUD and HHS would launch this targeted initiative by:
Setting aside a minimum of 2000 Section 8 certificates for use
by people with disabilities and families of children with
disabilities who currently reside in nursing homes or institutions
in select States to rent, lease or purchase their own accessible
and affordable homes and residences.
Directing States receiving nursing home transition grants to work
with HUD, State and local housing agencies and others to
facilitate the use of Section 8 vouchers by those leaving
institutions.
Expressly permitting and encouraging States receiving WIIA
infrastructure development grants to use a portion of the funds
to work with these agencies and others to highlight the uses of
Section 8 vouchers and otherwise expand housing and home
ownership opportunities for employed individuals with
disabilities.
Urging State Medicaid Directors and other key stakeholders to
tap into the initiative.
Working with SSA in identifying ways Individual Development
Accounts can be used by individuals with disabilities and
families to purchase, rent or make necessary modifications to a
home or residence.
Funding a technical assistance exchange at $500-750,000 a
year for 4 years to assist States and others on supporting people
with disabilities to rent or own homes and have a controlling say
in how they live life.
Encouraging other Federal agencies, Fannie Mae, States, the
disability community, foundations and others to make specific
contributions to the work of AccessHousing 2000, especially as
it relates to the movement of individuals residing in nursing
homes and institutions into community homes and apartments.
RECOMMENDATIONS
Reauthorization of TEA-21
TEA-21 authorizes $42 billion for transit and $175 billion for highways. Compared to
ISTEA, it includes a good mix of increased funding, encouraging state and local partnerships
and innovative practices. It does target TANF recipients, but not people with disabilities
specifically (other than through formula grants for purchasing lift-equipped vehicles to comply
with the ADA). Its authority extends through 2003. The reauthorization affords a great
opportunity to "pick" our way through the bill, changing and adding programs.
1. Require the Department of Transportation to collect data on the use of public and private
transportation options by individuals with disabilities (including the numbers of individuals
using fixed route transportation VS. paratransit, numbers who cannot drive, who own/lease their
own vehicles, who use public transportation for work, who use human service-funded
transportation for work, etc.).
2. Require the Department of Transportation, through its Access Flagship Initiative, One DOT,
or other mechanism, to review the programs and funding amounts currently authorized under
TEA-21 to determine how each program can be modified to better respond to the needs and
capacities of people with disabilities.
3. Require the Department of Transportation to assess the benefits and barriers to establishing a
Local Coordination grants program under the Federal Transit Administration.
4. Require the establishment of a time-limited task force consisting of representatives from
DOT, DOL, HHS, transit authorities, transit providers and disability advocacy groups to review
existing law and practice and develop recommendations to the Secretary of DOT regarding the
provision of transportation services to Americans with disabilities. Their Report should be
completed and submitted to the Secretary of Transportation by April 1, 2001, prior to planning
for the reauthorization.
5. Require the Department of transportation to assess the need for additional funding and
outreach for sidewalk improvements under the Federal Highway Administration's Surface
Transportation Program.
Expansion of the Coordinating Council on Access and Mobility
The Council, formed in 1986 with certain functions mandated under TEA-21, includes
representatives of all of the major programs under DOT and HHS. Recently, it has invited
representatives of the Department of Labor to participate on at least an informal basis. The
objective of the Council is to remove barriers to the efficient use of human services
transportation. The Council is in the process of developing joint state and local guidelines for
transportation coordination that are very much needed and long overdue (the GAO has been very
critical of the Council in this respect).
1. Expand the Coordinating Council to include representation from several agencies within, at a
minimum, the Department of Labor, Housing and Urban Development, and the Department of
Education.
2. Require the Council to develop an assessment of the benefits and barriers of transportation
coordination for people with disabilities.
3. Require the Council to develop a strategy for including people with disabilities in all of its
proposed initiatives and activities.
4. Require the Coordinating Council to sponsor a series of regional workshops on facilitating
local coordination of transportation for people with disabilities for representatives of workforce
investment boards, people with disabilities, transit authorities, private providers, metropolitan
planning organizations, and advocacy organizations.
5. Require the Coordinating Council to assess accessibility to public transportation (sidewalks,
curb cuts, stations, etc.) And the role other federal agencies should play in this effort.
Changes to Existing Programs
Job Access and Reverse Commute (Section 3037). Authorized at $150 million but currently
funded at $75 million, it provides competitive grants for transportation to suburban employment
from suburban, inner city and rural locations. It is intended primarily for TANF recipients.
1. Require the Department of Transportation to assess the benefits of setting aside a minimum
of 10% of funding under the Access to Jobs grant program for the 2002 fiscal year.
2. Require the Department of Transportation to include as a criterion for awarding grants the
existence of a plan and financing strategies for including TANF recipients who have disabilities.
3. The Department of Transportation should require each grant recipient to develop a plan for
providing transportation services for TANF recipients who have disabilities.
Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities
(Section 3013). Provides capital assistance, through the states, to organizations that provide
specialized transportation (at 90% federal share for costs of vehicles that are needed to comply
with the ADA).
4. The Department of Transportation should provide funding for the establishment of a national
database on public and private transit providers which can be accessed through an "800" number
by individuals with disabilities, Older Americans, TANF recipients, and others.
5 The Department of Transportation should provide funding for informational materials for
individuals with disabilities that can be disseminated at one-stop centers. In addition, funding
should be made available for training of one-stop counselors and administrators on
transportation options and best practices related to providing transportation.
6. Require the Department of Transportation to assess the effects of implementing the proposed
Intelligent Transportation Systems (ITS) on the employment of people with disabilities.
7. Require the Department of Transportation to send letters to States encouraging them to
recruit individuals with disabilities through the On-the-Job Supportive Services program
(Section 1208), including recruiting youth with disabilities for the Summer Transportation
Institutes.
8. Require the Department of Transportation to include individuals with disabilities as one of
the core groups targeted (along with minorities and women)in the On-the-Job Supportive
Services program.
9. Require the Department of Transportation to develop a plan for assisting states to "market"
mainline public transportation options and other, nontraditional transportation options for people
with disabilities. Even with a greater percentage of mainline buses being lift-equipped, there
remains an overreliance on paratransit in most urban centers (as opposed to specialized
transportation, where fixed route options are not available).
10. The Department of Justice should assess the Federal
Transit Administration's ADA compliance process, and develop recommendations related to its
own enforcement role in this effort.
11. The Department of Labor should require that both State and Local Workforce Investment
Boards, created under the Workforce Investment Act of 1998, report on a yearly basis on
progress for individuals with disabilities in getting to and from jobs.
6/28- from APR summuk on Sy. Disabliting
NEW RECOMMENDATIONS/HHS
1.
HCFA will modify its policies and practices to support the integration of Title XIX
beneficiaries with significant disabilities into the American workforce by issuing new
policy guidance and offering technical assistance emphasizing flexible, non-categorical
implementation of the Medicaid program to state Medicaid directors that:
(1). Clarifies and encourages the use of existing medicaid coverage options (such as
personal care; clinic services; rehabilitative services; and HCB waiver programs) to
be used to finance supported employment and other work related services for
working-aged recipients with disabilities; [note: this is a particularly urgent issue for
persons with psychiatric disabilities who are receiving title XIX financed intensive
community supports; it will also positively affect people with mr/dd.]
(2). Explains options available to states to create a special income eligibility category
for Title XIX beneficiaries that provides clear and reasonable incentives to engage in
work and increase earnings without jeopardizing Medicaid eligibility.
2.
HCFA will revise Medicaid program manual and issue policy guidance to
encourage use of individual budgets that enables customer choice and control.
3.
HCFA will develop strategies to assist states to provide incentives for employment
by authorizing higher reimbursement rates for integrated employment outcomes.
4.
HCFA will add premium on federal financial participation in Medicaid
reimbursement to states that adopt a Medicaid buy-in. [note: premium could be
provided in a variety of ways; the group discussed small financial but there are
probably others that HCFA could identify].
5
HHS will create an Olmstead Watch website (integrated with Access America Web
recommended by the Presidential Task Force 2ⁿᵈ report) that informs the public and
multiple stakeholders on post-Olmstead activities, including:
(1). State compliance plans
(2). Status of state efforts to move individuals off waiting lists;
(3). HHS and DOJ monitoring activities and findings;
(4). Civil rights information on court cases and decisions regarding Section
188 of WIA, Sections 503, 504, 508 of Title IV WIA and Title II of the ADA
(5). Civil rights program contacts with state and federal government;
(6). Examples of state efforts to redirect resources to support integrated
employment;
(7). Federal policy across agencies to support choice and individual budgets;
and
(8). Other research and related data, as appropriate, in order to effectively
disseminate information to enable movement to the community and integrated
employment for people with the most significant disabilities.
dhuring home
Juansition grants
Possible Transportation Deliverables
ADA Enforcement
The June 27, 2000 Report from the National Council on Disability (Promises to Keep) was
critical of DOT's efforts related to ADA enforcement. Given the timing of the Report, a
substantive set of deliverables related to better enforcement would both respond to the Report
and reaffirm a commitment to the ADA.
1. The Federal Transit Administration (FTA) should conduct periodic site visits and spot checks
to determine level of ADA compliance (as opposed to total reliance on transit agency self-
reporting, which is currently the case).
2. FTA should require transit agencies to post notices on all mainline and paratransit vehicles
that complaints can be made directly to the FTA.
3. FTA should develop publications for riders with disabilities about their rights to
transportation services.
4. FTA should conduct extensive public education about accessible transportation.
5. FTA, FRA (Federal Railroad Administration) and FAA (Federal Aviation Administration)
should conduct ADA training for all staff involved in ADA-related enforcement and technical
assistance.
6. The Office of General Counsel of DOT should convene a Summit in the Fall on improving
transportation for people with disabilities, particularly as it relates to employment. This Summit
can be co-sponsored with the Task Force, HHS, HUD, Education, and Labor.
7. DOT's Office of the Secretary should engage in strategic planning and evaluation, involving
regular consultation with members of the disability community, for improving its ADA
enforcement.
Reauthorization of TEA-21
Its current authority extends through 2003. The reauthorization affords a great opportunity to
change and add programs. To do so adequately, DOT would need access to better data and
would need to engage in in-depth discussions with the provider and advocacy communities.
1. DOT should collect data on the use of public and private transportation options by individuals
with disabilities (including the numbers of individuals using fixed route transportation VS.
paratransit, numbers who cannot drive, who own/lease their own vehicles, who use public
transportation for work, who use human service-funded transportation for work, etc.). This can
be done through the Transportation Research Board, perhaps in conjunction with HHS.
2. DOT, through its Access Flagship Initiative, One DOT, or other mechanism, should review
the programs and funding amounts currently authorized under TEA-21 to determine how each
program can be modified to better respond to the needs and capacities of people with disabilities.
3. DOT should establish a time-limited task force consisting of representatives from DOT, DOL,
HHS, transit authorities, transit providers and disability advocacy groups to review existing law
and practice and develop recommendations to the Secretary of DOT regarding the provision of
transportation services to Americans with disabilities. Their Report should be completed and
submitted to the Secretary of Transportation by June 1, 2001, prior to planning for the
reauthorization.
4. The Federal Highway Administration should assess the need for additional funding and
outreach for sidewalk improvements under the Surface Transportation Program.
i
Expansion of the Coordinating Council on Access and Mobility
The Council, formed in 1986 with certain functions mandated under TEA-21, includes
representatives of all of the major programs under DOT and HHS. Recently, it has invited
representatives of the Department of Labor to participate on at least an informal basis. The
objective of the Council is to remove barriers to the efficient use of human services
transportation. The Council is in the process of developing joint state and local guidelines for
transportation coordination that are very much needed and long overdue (an October 1999 GAO
Report was very critical of the Council in this respect).
1. DOT and HHS should immediately expand the Coordinating Council to include
representation from several agencies within, at a minimum, the Department of Labor, Housing
and Urban Development, and the Department of Education (HHS is supportive of this).
2. The Council should develop a strategy for including people with disabilities in all of its
proposed initiatives and activities.
3. The expanded Coordinating Council should sponsor a series of regional workshops on
facilitating local coordination of transportation for people with disabilities for representatives of
workforce investment boards, people with disabilities, transit authorities, private providers,
metropolitan planning organizations, and advocacy organizations. These workshops should
emphasize local transportation's role in workforce development and the one-stop system.
Changes to Existing Programs
Job Access and Reverse Commute (Section 3037). Authorized at $150 million but currently
funded at $75 million, it provides competitive grants for transportation to suburban employment
from suburban, inner city and rural locations. It is intended primarily for TANF recipients.
1. The Department of Transportation should include as a criterion for awarding grants the
existence of a plan and financing strategies for including TANF recipients who have disabilities.
2. The Department of Transportation should require each grant recipient to develop a plan for
providing transportation services for TANF recipients who have disabilities.
Other program deliverables:
3. The Department of Transportation should provide funding for informational materials for
individuals with disabilities that can be disseminated at one-stop centers. In addition, funding
should be made available for training of one-stop counselors and administrators on transportation
options and best practices related to providing transportation.
-
4. The Department of Transportation should assess the effects of implementing the proposed
Intelligent Transportation Systems (ITS) on the employment of people with disabilities.
5. The Department of Transportation should send letters to States encouraging them to recruit
individuals with disabilities through the On-the-Job Supportive Services program (Section 1208),
including recruiting youth with disabilities for the Summer Transportation Institutes.
6. Require the Department of Transportation to include individuals with disabilities as one of the
core groups targeted (along with minorities and women)in the On-the-Job Supportive Services
program.
RECOMMENDATIONS
FOR THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
The lack of accessible, affordable housing continues to be a major barrier to participation of
people with disabilities in the community and the economic life of the nation. Obtaining
affordable housing, and the location of that housing, are often key to employment and the ability
to climb the career ladder. Difficulty obtaining housing negatively affects opportunities for
employment as well as access to public services and transportation to reach that employment.
Housing barriers manifest themselves differently depending on the disability, and whether the
individual is living in a community or an institutional setting. The impact of such barriers is
severe.
In order to eradicate these barriers, HUD must lead the way in implementing policies and
programs that recognize the housing needs of people with disabilities. This can be accomplished
most effectively through actively seeking participation from the disability community; through
interagency cooperation between HUD and other federal agencies (including SSA, DOT and
HCFA); and through a conscientious and expeditious enforcement of existing laws, rules and
regulations.
The following recommendations, if implemented, will go a long way toward eliminating many of
the barriers to accessible, affordable housing that exist for people with disabilities. The first
recommendation was included in the Presidential Task Force on Employment of Adults with
Disabilities second report, Re-charting the Course: If Not Now, When? The next seven
recommendations apply to all individuals with disabilities in need of community-based,
affordable housing. The eighth recommendation targets individuals currently residing in nursing
homes and institutional settings. In Olmstead V. L.C. , 119 S.Ct. 2176 (1999), the Supreme
Court ruled that "unjustified isolation is properly regarded as discrimination based on
disability under Americans With Disabilities Act. Accordingly it is necessary for HUD to
substantially increase housing opportunities for individuals with disabilities. Finally, the ninth
through eleventh recommendation concerns implementation of strategies identified by HUD in
its September 1999 report to the Presidential Task Force on Employment of Adults with
Disabilities. The following recommendations seek to provide a basis from which to accomplish
this goal.
I. 1999 Recommendation to the President from the Presidential Task Force on
Employment of Adults with Disabilities
The President direct the Department of Housing and Urban Development to explore steps needed
to establish an earned income disregard for tenants with disabilities living in other-than-Public
Housing Authority housing who return to work, and to exempt any disability-related expenses
incurred when a tenant goes to work from the "countable" income used to determine rents.
Background:
The Department of Housing and Urban Development has promulgated rules under recently
enacted legislation aimed at providing additional incentives for low-income individuals in public
housing to go to work, or work additional hours. Current rules, however, do not provide
sufficient incentives for employment of people with disabilities who are assisted by the
Department of Housing and Urban Development subsidies, but do not live in Public Housing
Authority housing. The Department should explore ways to extend similar incentives to all
HUD-subsidized tenants with disabilities.
II. CONSOLIDATED PLANS
HUD will ensure that Consolidated Plans address and fund the priority housing needs of
people with disabilities.
Background: Perhaps the most critical and effective tool for eradicating barriers to housing for
people with disabilities is a proactive review of and reconciliation between the Consolidated
Plans received by HUD each year and data derived both from these plans and from other entities
in terms of housing needs.
Since adoption of final regulations in January 1995, HUD has required local government
recipients of certain federal housing funds (Community Development Block Grants, HOME
funds, Housing Opportunities for People with AIDS and Emergency Shelter Grants) to submit a
Consolidated Plan outlining the housing needs of low- and moderate-income residents. The
Consolidated Plan is the planning tool for communities. HUD's regulations require that federal
housing funds be spent in a manner that is "consistent" with this statement of needs identified
through the planning process. However, HUD does little to examine whether housing funds are
actually spent in areas of greatest need.
Many jurisdictions fail to even identify the priority housing needs of people with disabilities in
this process. Often this is because of lack of access to data on housing needs of people with
disabilities, as well as lack of inclusion of people with disabilities and organizations that
represent them in discussions and planning regarding community development.
To address this problem, HUD should actively conduct random compliance reviews of five
percent (5%) of the Consolidated Plans submitted by state and local governments, and should
report to Congress and the Presidential Task Force on Employment of Adults with Disabilities on
the extent to which such Plans (a) accurately identify the priority housing needs of people with
disabilities; (b) direct the spending of federal housing funds to meets such priority needs; and ©
contain affirmative outreach efforts to ensure that people with disabilities and their advocates are
included in the planning process. In concert with this review of consolidated plans, HUD should
fund partnership initiatives with the disability community (e.g., centers for independent living,
non-profit disability and community provider organizations) in those same locales in order to
gather customer-focused input relating to plan development and housing needs of people with
disabilities.
III. DATA COLLECTION
HUD should take affirmative steps to improve its efforts to assess the priority housing
needs of people with disabilities.
Background: To fully determine the current and future housing needs of people with disabilities,
it is essential to fully document the current use of HUD-funded programs by people with
disabilities. The HUD Office of Policy Development and Research is the most appropriate
vehicle to accomplish this important task. In conjunction with other federal agencies (such as
HHS, SSA and DOT), and in consultation with national disability organizations, HUD should
prepare a report annually delineating these data and projections of future public and assisted
housing needs of people with disabilities.
IV. TAX CREDITS
The Department of Treasury must take affirmative steps to ensure that housing built with
federal low income housing tax credits comply with the Accessibility and
Nondiscrimination Requirements of the Fair Housing Act.
Background: Since 1986, the Low Income Housing Tax Credit program has been the nation's
primary engine for affordable rental housing development. The program is administered by the
Department of the Treasury, which makes allocations of credits available each year in
cooperation with state housing finance agencies (HFAs). However, many Tax Credit units have
been built in violation of the accessibility guidelines promulgated under the Fair Housing Act.
This is in part because the Department of the Treasury has no special expertise in low-income
housing or civil rights enforcement, and has not developed a compliance program for developers.
In other instances, Tax Credit developers have failed to implement affirmative marketing
programs or have adopted other policies which discourage the tenancy of people with disabilities.
Treasury, in conjunction with HUD and the Department of Justice, should issue policy guidance
to state housing financing agencies (HFAs) directing them to develop adequate monitoring
mechanisms to ensure (1) that housing built with tax credits fully comply with accessibility
requirements, and (2) that developers do not discouraged the tenancy of people with disabilities.
V. INTERNATIONAL BUILDING CODE 2000
Federal, state and local governments must work together to incorporate the Accessibility
Requirements of the Fair Housing Act into local building codes.
Background: The Fair Housing Act requires that multifamily buildings with four or more units
which were built for first occupancy after March 13, 1991 must meet basic accessibility
requirements. Pursuant to the statutory requirement, HUD promulgated the Fair Housing
Accessibility Guidelines on March 6, 1991. According to later HUD publications (including the
Fair Housing Act Design Manual), these Guidelines demonstrate a number of ways that
architects, builders, developers and others can satisfy the Act's accessibility requirements.
However, Congress and HUD cannot require state and local governments to incorporate these
requirements into local building codes. As a consequence, nine years after the effective date, a
significant proportion of new multifamily units are being built in an inaccessible fashion.
HUD has worked with the International Code Council (ICC) and has determined that ICC's
proposed International Building Code 2000 is consistent with the Act's accessibility
requirements. This model should be offered to state and local governments as a means of
ensuring that local building codes are consistent with the Act. The federal government should
strongly encourage, through Secretarial memorandum, state and local adoption of the
International Building Code 2000.
VI. HOME OWNERSHIP
Congress should amend the United States Housing Act to provide a single grant home
ownership downpayment option under Section 8 housing assistance programs. This
program can be implemented by HUD through a pilot program.
Background: In this record era of home buying by the American people, the dream of home
Sand 6/24 3
ownership by most people with disabilities is simply unobtainable. Most people with significant
disabilities do not have the savings or the income level to secure a loan and make monthly
payments. Legislation must be passed which encourages and facilitates home ownership through
policies that promote the production of affordable housing, encourage tax incentives, and
facilitate the availability of flexible capital for homeownerhsip opportunities, as well as provide
local governments with increased flexibility under existing Federal programs to facilitate home
ownership.
VII. HUD REGULATION ENFORCEMENT
Strengthen the ability of HUD and the Department of Justice to enforce the Fair Housing
Act.
Background: When it passed the Fair Housing Amendments Act of 1988, Congress not only
extended protection to people with disabilities, it also completely revised the enforcement
process, giving significant new responsibility to the Departments of HUD and Justice to resolve
complaints through conciliation, administrative hearings and the courts. The Act requires HUD
to complete its initial investigation of complaints within 100 days of filing. However, this
deadline is routinely missed and HUD and its cooperating state civil rights agencies have large
backlogs of complaints. By statute, Justice handles cases involving zoning, and patterns and
practices of discrimination. However, Justice currently lacks necessary resources to pursue all of
the cases presented in a prompt fashion.
Actions should include: (a) increasing the civil rights enforcement budget for HUD and the
Department of Justice to ensure prompt resolution of discrimination complaints; and (b)
providing intensive outreach, information and technical assistance from HUD to the disability
community on housing laws and policy.
VIII. PROPOSED INITIATIVE: ACCESS HOUSING 2000
A proactive initiative should be implemented in response to the Olmstead decision to
expand the availability of accessible, affordable housing and home ownership opportunities
for people with disabilities and their families.
Background: As a federal response to the Olmstead decision, AccessHousing 2000 would be a
partnership between HUD, HHS, and other agencies as appropriate, aimed at assisting
individuals with disabilities to move from nursing homes and other institutions into the
community. This would be done by improving and expanding the availability of accessible,
affordable housing and home ownership opportunities for low to moderate income individuals
with disabilities and their families; and an array of personal assistance and supports such
individuals need in order to make a smooth and successful transition to living in the community.
HUD and HHS would launch this targeted initiative by:
Setting aside a minimum of 2000 Section 8 certificates for use by people with
disabilities and families of children with disabilities who currently reside in
nursing homes or institutions in select States to rent, lease or purchase their own
accessible and affordable homes and residences.
Directing States receiving nursing home transition grants to work with HUD,
State and local housing agencies and others to facilitate the use of Section 8
vouchers by those leaving institutions.
Expressly permitting and encouraging States receiving WIIA infrastructure
development grants to use a portion of the funds to work with these agencies and
others to highlight the uses of Section 8 vouchers and otherwise expand housing
and home ownership opportunities for employed individuals with disabilities.
Urging State Medicaid Directors and other key stakeholders to tap into the
initiative.
Working with SSA in identifying ways Individual Development Accounts can be
used by individuals with disabilities and families to purchase, rent or make
necessary modifications to a home or residence.
Funding a technical assistance exchange at $500-750,000 a year for 4 years to
assist States and others on supporting people with disabilities to rent or own
homes and have a controlling say in how they live life.
Encouraging other Federal agencies, Fannie Mae, States, the disability
community, foundations and others to make specific contributions to the work of
AccessHousing 2000, especially as it relates to the movement of individuals
residing in nursing homes and institutions into community homes and apartments.
IX
NEIGHBORHOOD NETWORK CENTERS
HUD should ensure that all existing or planned Neighborhood Network Centers are
accessible -structurally and otherwise --to people with disabilities.
Background: A Neighborhood Networks is a community-based initiative of the U.S. Department
of Housing and Urban Development (HUD) that encourages the development of resource and
computer learning centers in privately owned HUD-assisted and/or insured housing. The mission
of the Neighborhood Networks is to create vibrant communities that foster economic opportunity
and encourage life-long learning, primarily in HUD-assisted and/or insured housing.
Accordingly, Neighborhood Networks are working to increase employment opportunities and
access to health and wellness, improve education performance of children, empower residents,
increase participation by property owners and decrease dependency on federal funding.
Currently, there more that 608 Neighborhood Network Centers (NNC) in operation and at least
705 additional NNC sites being planned.
A significant percentage f the HUD-assisted and/or insured housing is occupied by people with
disabilities. Yet, by HUD's own admission, most of the NNCs connected with HUD-assisted
and or insured housing where people with disabilities live is not fully equipped to accommodate
the needs of people with disabilities. In fact, many of the NNC sites are physically inaccessible
or the computers and/or other information technology is not usable by people with disabilities. Id.
NNCs present an extraordinary opportunity for people with disabilities to develop and/or
improve marketable skills for the purposes of employment and the overall enhancement of
everyday life, and should be accessible to people with disabilities to the same extent that they are
accessible to people with without disabilities.
X. SECTION III OF THE HOUSING AND URBAN DEVELOPMENT ACT
Section 3 of the Housing and Urban Development Act (Section 3) is an existing and
powerful mechanism that can be utilized to effectively reduce the unemployment rate of
public housing residents with disabilities through data collection and enforcement.
Background: Section 3 requires that, pertaining to housing development programs and
community development programs, recipients of Department of Housing and Urban
Development (HUD) funds, their contractors and their subcontractors provide jobs and other
economic opportunities to low- and very low-income persons. The intent of the Section 3
requirement is to provide training, job, and entrpreneurial opportunities to public housing
residents and lower income residents of assisted neighborhoods through opportunities generated
by housing and community development projects that require physical skills -- such as, but not
limited to appliance repair, custodial services, landscaping, bricklaying, masonry, carpentry,
drywall installation, demolition and electrical work -- and administrative or management skills,
such as, but not limited to, accounting, purchasing and word processing. Where there are
indications and a subsequent satisfactory investigation demonstrating that the recipient agency
and/or its contractors have not made a good faith effort to meet the Section 3 mandate, HUD is
vested with the authority to conduct further review, and take appropriate actions to resolve the
issue of non-compliance. Appropriate actions in this case include sanctions, debarment,
suspension and limited denial of participation in HUD programs.
Currently, HUD does not collect data on the extent to which persons seek, obtain or are denied
employment from HUD recipients and/or contractors. Consequently, HUD is incapable of
targeting its Section 3 enforcement efforts effectively with respect to people with disabilities.
With rigorous enforcement of the Section 3 authority, people with disabilities living in public
housing and assisted neighborhoods will be presented with enhanced training, employment and
entrepreneurial opportunities in and around their own communities. If the employment
opportunity is near the home there will be greater community involvement and other barriers to
employment for people with disabilities, such as transportation, are alleviated. This translates
into the full participation by people with disabilities in all aspects of American society
XI. REVITALIZATION OF THE FAIR HOUSING COUNCIL
The Fair Housing Council should could convene and conduct regular meeting to examine
the programs, activities, policies and practices of all Federal Departments and Agencies to
identify those programs, activities policies, and practices that make housing unobtainable
to people with disabilities and develop a plan for implementation that will increase the
housing opportunities for said group.
Background: The Fair Housing Council was established by Executive Order 12092 on January
17, 1994 for the purpose of affirmatively furthering fair housing in all Federal programs and
activities relating to housing and urban development throughout the Unites States. The
Executive Order provides that the Fair Housing Council be chaired by the Secretary of Housing
and Urban Development and consists of the Secretary of Health and Human Services, the
Secretary of Transportation, the Secretary of Education, the Secretary of Labor, the Secretary of
Defense, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of the
Treasury, the Attorney General, Comptroller of the Currency, the Director of the Office of Thrift
Supervision, the Chair of the Federal Deposit Insurance Cooperation and such other officials of
executive department and agencies as the President may designate. The primary duty of the
Council is to review the design and delivery of Federal programs to ensure that they support a
coordinated strategy to affirmatively further fair housing. The Executive Order also authorizes
the Council to revise existing programs or activities, develop pilot programs and activities and
propose new programs and activities to achieve the goal of affirmatively furthering fair housing.
In the six years since this Executive Order was published, the Fair Housing Council has never
convened. Accordingly, there has been no tangible accomplishments or agenda. During this
time, there have been many changes in federal agencies that may weigh upon the effectiveness of
the Council. For example, a number of new agencies have been created, programs and functions
have changed, and actions that were supposed to have been taken to affirmatively further fair
housing have not been fully implemented or may be no longer relevant.
Affordable and accessible housing near the workplace or within easy access to public
transportation spells the difference between a stable, good paying job and unemployment for
many people with disabilities. Given the diverse Agency representation of the Council, it is clear
that the Council presents an extraordinary vehicle by which to address the housing barriers
people with disabilities face on a daily basis.
DRAFT 7/5/00
EXECUTIVE ORDER
INCREASING EMPLOYMENT OF YOUNG PEOPLE WITH DISABILITIES
By the authority vested in me as President by the Constitution and laws of the United
States of America, and in order to promote the employment of young people with disabilities, it
is hereby ordered as follows:
Section 1. Policy
(a) Over the past twenty-five years, Federal legislation has been enacted to exact
changes in how youth with disabilities are educated, engaged in postsecondary education,
and prepared for and involved in meaningful employment and independent living. This
year, our nation will celebrate the twenty-fifth anniversary of the Individuals with
Disabilities Education Act and the tenth anniversary of the Americans with Disabilities
Act. Because of these laws, more young people with disabilities are completing high
school, going to college, entering the workforce, and participating in lifelong learning.
Although these Federal initiatives have resulted in some success, many young people
with disabilities remain far behind their peers without disabilities on many measures of
success, including graduation rates, and on such postschool outcomes as employment,
postsecondary education participation, and independent living.
(b) The unemployment rate of young people with disabilities 16 to 24 years of
age is 22.5% is among the highest of disadvantaged groups in the nation. These
individuals are an important, untapped resource of talent and skills, and a key element in
sustaining our historic economic growth. Improving the postschool, transition, and
independent living results provides a critical new source of employment opportunities for
young people with disabilities.
Sec. 2. Implementation
(a) Each head of executive departments and agencies shall work with the
Presidential Task Force on Employment of Adults with Disabilities to design and
coordinate a public awareness campaign to promote high expectations and successful
transition of young people with disabilities. This campaign should promote successful
examples from local programs, youth, and employers. The campaign will be designed to:
Educate parents of youth with disabilities of the initiatives and services that will
help prepare their children to successfully transition into adult roles.
Educate business, especially during such a tight labor market, that youth with
disabilities can grow up to be productive, contributing adults in the workplace.
Educate the general public of the strides being made to help prepare youth to be
active members of the community and eliminate the stigma associated with
disabilities.
The campaign will create an environment where stakeholders can be well-
informed of the services available to improve the transition outcomes of youth
with disabilities. In addition, stakeholders should be encouraged to share
successful strategies with one another.
(b) Each head of executive departments and agencies shall design and implement an
interagency one-stop information center on transition of young people with disabilities. This
Center will work with these Federal departments and agencies to create a national information
center to provide youth, families, employers, and multiple-agency service providers at the state
and local level with one-stop information on a range of transition and post-school services,
supports, and best practices issues. The Center will provide coordinated information on
resources and options about education, employment, health care, independent living, and other
opportunities.
(c) The Departments of Education, Labor, Health and Human Services, Interior, Justice,
the Small Business Administration, and the Social Security Administration shall work with the
Office of Management and Budget to issue comprehensive policy guidance on Federal agency
programs, purposes, and how they meet transition services planning requirements of the IDEA.
This policy guidance will achieve two outcomes: (1) establish clear guidelines on the
interpretation of definitions of common terms in Federal law impacting young people in transition;
and (2) strengthen interagency coordination in the transition planning process and provision of
transition services to young people with disabilities.
(d) The National Performance Review shall convene a National Institute of
Federal Agencies to focus on the alignment of resources, programs, and services to
improve the transition into adult roles for youth with disabilities. The Institute will be to
bring together senior level representatives from Federal departments and agencies to
develop action plans containing strategies for the creation of a seamless delivery system
for youth with disabilities.
(e) The Departments of Education, Labor, Health and Human Services, Interior,
Justice, the Small Business Administration, and the Social Security Administration work
with the Office of Management and Budget and the Presidential Task Force on Adults
with Disabilities in FY 2001: (1) coordinate and implement research activities to identify
and synthesize best practices, across agencies and programs, for improving the transition
results of young people with disabilities; (2) conduct interagency demonstration
programs to promote "what works" for young people with disabilities, families, service
providers, employers, and decision-makers; and (3) carry out interagency cross-training
activities designed to integrate best practices for transitioning youth with disabilities for
service providers. While these coordinated activities shall serve all youth, it shall ensure
a focus on young people with mental illness, those with the most significant disabilities,
and youth from diverse cultures and with limited English proficiency.
(f) The Department of Education shall review and analyze transition planning in
postsecondary education and make recommendations to the Presidential Task Force on
strategies for making transition services available on college campuses.
Sec. 3. Judicial Review. This order does not create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States, its officers, its employees, or
any other person.
THE WHITE HOUSE
Presidential Task Force on Employment of Adults with Disabilities
The following recommendation was included in the Presidential Task Force on
Employment of Adults with Disabilities second report, Re-charting the Course: If Not
Now, When?
The President direct the Department of Health and Human Services to develop a
proposal to allow the Maternal and Child Health Programs for Children with
Special Needs to provide Healthy and Ready to Work services to youth with
disabilities who are over the age of 16.
Background:
The Maternal and Child Health Programs for Children with Special Needs (Title V of the
Social Security Act) provides Healthy and Ready to Work services to youth with
disabilities that are essential to preparing them for continued education and training, but
are restricted to serving only youth under 16. As a result, many youth with disabilities
are ready to drop out of the education stream just at a time when they become eligible to
receive services that would enable them to benefit from continued education. There is a
clear need to provide these services to youth with disabilities over the age of 16.
Healthy and Ready to Work Options:
1) A Presidential Directive or Executive Order could create a Federal HRTW
Interagency Council, composed of HRSA, Health Care Financing Administration
(HCFA), Social Security Administration, Department of Education, Department of
Labor, and other appropriate departments and agencies, family and youth
representatives, etc., with the charge of working together to ensure access to and
utilization of HRTW services by youth with special health needs. As part of the
directive or order, HCFA and/or other participating Federal entities could be required
to contribute funds through an inter-agency agreement to either conduct a
demonstration program or roll out a full-scale national HRTW program.
2) The pending Family Health Opportunities Act could possibly absorb the HRTW
proposal or under that Act's demonstration authority, a HRTW demonstration could
be conducted.
Memorandum
To:
From:
Date:
Re:
Presidential Directive on Renewing the Federal
Government's Committment to Ensuring that Federal Programs
are Free from Disability-Based Discrimination
The Department of Justice and the Presidential Task Force on
Employment of Adults with Disabilities (Task Force) have drafted
the attached Presidential Directive. It contains specific steps
designed to reach the goal of making federal programs free of
disability-based discrimination.
Overview
The Directive's core requirement is that all agencies engage in a
Five-Year Plan to ensure that today's federal programs are free
from disability-based discrimination.
The Department of Justice and the Equal Employment Opportunity
Commission, working in close consultation with the Task Force and
the Interagency Disability Coordinating Council (IDCC), are
charged with assigning additional priorities and setting
schedules for further agency actions to be completed as part of
the Five-Year Plan.
Background
Section 504's prohibition of discrimination on the basis of
disability, 29 § USC 794, was extended in 1978 to federal
agencies. Section 504 was a forerunner of the Americans with
Disabilities Act (ADA), which does not apply directly to federal
agencies. Section 504 applies to all agency programs, including
the program of employment. Section 501 and its implementing
regulations contain specific provisions related to employment.
The regulations implementing section 504, in addition to
prohibiting discrimination, contain affirmative requirements
designed to lower barriers to participation in federal programs
and activities by people with disabilities. One of these
provisions was a one-time requirement that federal agencies
engage in a comprehensive self-evaluation of their programs,
activities, and facilities to determine if they are accessible to
people with disabilities.
Since the mid-1980's, the federal government has seen dramatic
changes. Agencies have been created. Others no longer exist.
Programs and functions have changed. Many of the actions
designed to comply with Section 504 may no longer be effective.
This Administration is committed to the full participation in all
aspects of American society by people with disabilities and
recognizes that the federal government must set a good example.
Today's government programs must be readily accessible to and
usable by persons with disabilities. The time has come to
evaluate whether yesterday's tools meet today's needs.
Employment discrimination. The nature of the workplace has
changed. Most agencies thrive on a teamwork approach, using
collaborative efforts to achieve agency missions. Diversity
among team members is essential to acheiving customer-friendly
solutions. Government cannot provide the services Americans need
unless it reflects the diversity of our society. By ensuring the
promise of equal opportunity for government employees with
disabilities, the Administration will set an example for the rest
of the country to follow.
Technology accessibility. More than any other factor, technology
has changed the federal workplace and the way government serves
the American public. As our society grows more technologically
advanced, we must ensure that the technology upon which the
federal government relies does not create new barriers for people
with disabilities.
Five-Year Plan
While there is a clear need to reevaluate the tools we use to
implement sections 501 and 504 in light of today's federal
programs, agencies should not be overburdened with unnecessary
paperwork exercises. Instead of requiring agencies to engage in
a wholesale self-evaluation of all programs for compliance with
section 504, we recommend that agencies engage in a "Five Year
Plan" to take specific actions and focus on particular
priorities. These priorities include ensuring that agency
programs offered on the Internet are accessible to people with
disabilities and that modern employment practices remain free
from discrimination.
The first two steps under the Five Year Plan will be for agencies
to:
ensure that agency programs on federal Internet and
'The broad language of "make all programs offered on
[agency] Internet and Intranet sites accessible to and usable by
Intranet sites are accessible to people with
disabilities; and
publish by various means, including by incorporation on
all agency Internet home pages, the name and contact
information for the office (s) responsible for
coordinating the agency's compliance with sections 501
and 504 of the Rehabilitation Act.
Other targeted priorities to be determined by the Department of
Justice and the EEOC may include taking specific steps to:
eliminate disability-based discrimination in
employment,
remove barriers in buildings and outdoor environments,
ensure accessible transportation arrangements and
vehicles,
provide effective communication,
ensure nondiscrimination in credentialing and licensing
programs,
make policy modifications, and
people with disabilities" provides a necessary degree of
flexibility to agencies to determine how they will provide
accessibility. If, for example, an agency offers on its Internet
site numerous historic documents in Adobe Acrobat's "portable
document format" or ".pdf," which can be difficult or impossible
to read for people who use assistive technology such as screen
readers, agencies may be able to meet the goal of full
accessibility by providing an e-mail address to which persons for
whom a posted document is inaccessible could request one in an
alterante format. This level of flexibility is necessary, due to
the broad range of documents and formats already posted on the
Internet. Guidance from the Department of Justice could address
the extent to which agencies would have to retrofit existing,
widely-used pages in other respects (i.e., use appropriate color
combinations, changing format, etc.).
The interagency Chief Information Officers' Council has directed
agencies to make their twenty most popular Internet sites fully
accessible by July 27, 2000, the 10th anniversary of the ADA.
achieve other goals.
The EEOC will continue to be the lead agency to determine
policies, practices, and schedules for addressing
disability-based employment discrimination. The Department of
Justice will continue to be the lead agency on all other issues.
Both of these agencies will consult regularly with the
Presidential Task Force and the IDCC.
Expanded Membership in and Role for the IDCC
The Interagency Disability Coordinating Council (IDCC) was
established under the Rehabilitation Act, 29 U.S.C. § 794c, as a
mechanism for, among other things, "developing and implementing
agreements, policies, and practices designed to maximize effort,
promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions,
and jurisdictions of the various departments, agencies, and
branches of the Federal Government
The Attorney General
is Chair of the IDCC, pursuant to Executive Order 12250.
The IDCC met on a regular basis throughout the 1980's, when
agenices were drafting implementing regulations for "federally
conducted activities" under section 504 of the Rehabilitation Act
and as they modified their programs to comply with section 504.
Since then, as agencies have become more focused on other issues,
IDCC meetings became less frequent. Eventually, they tapered off
altogether. The Administration's commitment to taking a fresh
look at disability accessibility issues - especially in light of
the changing nature of government - makes it desirable to
revitalize the IDCC as a coordinating body.
In comparison to the Presidential Task Force on Employment of
Adults with Disabilities, which contains many of the same member
agencies but focuses only on employment-related issues, the
IDCC's statutory charge is much broader: to coordinate the
federal government's actions and policies to implement all parts
of the Rehabilitation Act and its implementing regulations. 29
U.S.C. § 794c.
By statute, the IDCC includes:
The Secretary of Education
The Secretary of Health and Human Services
The Secretary of Labor
The Attorney General
The Director of the Office of Personnel Management
The Chair of the Equal Employment Opportunity
Commission
The Chair of the Access Board
The Assistant Secretary of the Interior for Indian
Affairs
other officials as designated by the President.
In the Directive, the President designates the following agencies
to participate, as well:
The Administrator of the General Services
Administration
The Secretary of Defense
The Secretary of Transportation
Although the President does not have authority over the Federal
Communications Commission and the U.S. Postal Service, the
Attorney General will invite those agencies to participate as ad
hoc members of the IDCC. The Office of Management and Budget
will also be asked to participate.
Substantively, the Directive charges the IDCC to lead executive
agencies in making the federal government's electronic and
information technology accessible to persons with disabilities.
The IDCC, after the additional members are added, includes the
Access Board and GSA - the two agencies charged with providing
technical assistance under section 508 - as well as the
Department of Justice and the EEOC - the two lead policy setting
agencies - and the Federal Communications Commission, which has
authority over the Telecommunications Act, the IDCC is the ideal
body to coordinate all of these activities.
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Renewing the Commitment to Ensure that Federal
Programs are Free from Disability-Based
Discrimination.
As we draw near the tenth anniversary of the Americans with
Disabilities Act, we have much to celebrate. This landmark civil
rights law has increased opportunities for employment, education,
and leisure for millions of Americans. Our country is stronger
as a result.
As we celebrate the ADA, we cannot forget that it was built on
the solid foundation of section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended in 1978, which prohibits
discrimination on the basis of disability in federal programs and
activities. One important goal of section 504 is for the federal
government to set an example for the rest of the country by being
a model employer and providing exemplary service to its customers
with disabilities. While this goal remains constant, the nature
and structure of government have changed in the decades since the
inception of section 504. New agencies have been formed, while
others no longer exist. Government is more efficient and doing
more with less.
The time has come to reaffirm the federal government's commitment
to ensuring that agencies' programs are free from discrimination.
The means we use to accomplish our goals should be tailored to
the changing nature of government.
I call upon the Department of Justice, the Equal Employment
Opportunity Commission, the Interagency Disability Coordinating
Council (IDCC), and the Presidential Task Force on Employment of
Adults with Disabilities to provide leadership to ensure that all
agencies meet a common goal: to ensure that today's federal
programs - including the program of employment - continue to be
readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct all agencies to engage in a
Five Year Plan. Under this Five Year Plan, agencies will follow
guidance to be provided by the Department of Justice and the
Equal Employment Opportunity Commission (EEOC) to evaluate agency
programs, activities, and facilities for compliance with sections
501 and 504 of the Rehabilitation Act, set targeted goals
consistent with priorities developed by the Department of Justice
and the EEOC, and implement all actions necessary to achieve
those goals, within the next five years. As the initial steps in
the Five Year Plan, agencies are directed to do the following:
make all programs offered on their Internet and
Intranet sites accessible to people with disabilities
by July 27, 2001; and
publish by various means, including by incorporation on
all agency Internet home pages, the name and contact
information for the office (s) responsible for
coordinating the agency's compliance with sections 501
and 504 of the Rehabilitation Act.
I furthermore direct the Department of Justice and the Equal
Employment Opportunity Commission, in close consultation with the
IDCC and the Presidential Task Force on Employment of Adults with
Disabilities, to develop priorities and establish for the Five-
Year Plan under which agencies will focus on specific programs or
types of programs to ensure that they are readily accessible to
persons with disabilities.
I direct the IDCC to coordinate executive agencies' efforts to
make the federal government's electronic and information
technology accessible to persons with disabilities.
I designate the following persons to participate in the IDCC, in
addition to those members set out by statute (29 U.S.C. § 794c) :
The Administrator of the General Services
Administration
The Secretary of Defense
The Secretary of Transportation
These steps will enable federal agencies to work together as they
renew their ongoing commitment to ensure that federal programs do
not discriminate against people on the basis of disability.
Nothing in this memorandum is intended in any way to limit the
effect or mandate of Executive Order 12250, which conveys certain
authorities upon the Attorney General, or Executive Order 12067,
which conveys certain authorities upon the Chair of the Equal
Employment Opportunity Commission.
This memorandum is for the internal management of the executive
branch and does not create any right or benefit, substantive or
procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any
other person.
William J. Clinton
McKinnon William <[email protected]>
07/10/2000 09:25:06 AM
Record Type:
Record
To:
Michelle M. Aronowitz/WHO/EOP
CC:
McKinnon William <[email protected]>
Subject: FW: Directive
>
<<HRTW Options>> <<integr~4>> <<EO on Reas Accomm Cover Memo>>
>
<<Comments.ReasAccom EO>>
>
> Hi Michelle, Eric Gould is going to pull together a meeting tomorrow to
> discuss several Executive Orders that we have been working on over tha
> past couple of months.
>
HRTW refers to Task Force recommendation #4. The others are several EO's
that are all in draft form integr and memo1 relate 504 the eocallcen
refers to the Task Force directive# 13, the last concerns reasonable
accomodations across the federal (we are waiting for DOJ comments on the EO
for reasonable accomodations the redline is from EEOC OPM's comments
were parallel to EEOC's)
>
<<memo <<eocallctr>> <<redlinereasacceodft_1>>
I will be glad to provide any background. Eric has seen this as well.
> thanks, Bill
>
- HRTW Options.doo
- integr~4.wpd
- EO on Reas Accomm Cover Memo.wpd
- Comments.ReasAccom EO.doc
- memo1
-
eocallctr.wpd
-
redlinereasacceodft_1.wpd
McKinnon William <[email protected]>
07/10/2000 01:01:50 PM
Record Type:
Record
To:
Michelle M. Aronowitz/WHO/EOP, J. Eric Gould/OPD/EOP
CC:
Subject: RE: FW: Directive
>
<<eocallc2>> <<EO YOUTH>>
>
Previously I sent the file eocallc which has do with Task Force
recommendation #13 regarding customer call centers. This
file
eocallc2 represents modifications around both the term and the
concept of "home-based." Apparently there is some sensitivity surrounding
the old "OSHA-at-home" brouhaha, and the direction that GSA seems to be
moving the federal government in terms of "federal call centers." No longer
constrained by simple "phone communications," they are becoming known as
"federal contact centers," and the pace of technological development is
leading some to talk about "ROI" and cost savings resulting from increased
use of greatly improved "speech recognition and interpretation." All this,
together with an increase in "outsourcing" and a reduction in the number of
"live" human beings working as "call/contact center agents," could portend
more difficulty in achieving any kind of significant increase in the number
of PWDs working as "home-based cyberagents." Advanced degrees in Job Task
Analysis may be called for!!
The EO Youth file is a draft Executive Order regarding recommendations
generated at a recent Task Force Youth Transition Summit
- eocallc2.wpd
- EO YOUTH.doc
J. Eric Gould
07/07/2000 12:09:49 PM
Record Type:
Record
To:
Lisa M. Brown/OVP/EOP@EOP, Andrea Kane/OPD/EOP, Marsha Scott/WHO/EOP@EOP, Michelle M.
Aronowitz/WHO/EOP@EOF
CC:
Subject: disability discrimination EM
There are a couple of Exec. Memos and Exec. Orders that I've been working with Becky and other folks
on. This is a draft Executive Memo that we could release for the ADA event at the end of the month.
Before I send this into the world for clearance, I wanted to get your reaction. Please get back to me
ASAP since the date is quickly approaching. Thanks
discrimEM.do
DRAFT
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination.
As we draw near the tenth anniversary of the Americans with Disabilities Act, we have much to
celebrate. This landmark civil rights law has increased opportunities for employment, education,
and leisure for millions of Americans. Our country is stronger as a result.
As we celebrate the ADA, we cannot forget that it was built on the solid foundation of section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended in 1978, which prohibits
discrimination on the basis of disability in federal programs and activities. One important goal
of section 504 is for the federal government to set an example for the rest of the country by
being a model employer and providing exemplary service to its customers with disabilities.
While this goal remains constant, the nature and structure of government have changed in the
decades since the inception of section 504. New agencies have been formed, while others no
longer exist. Government is more efficient and doing more with less.
The time has come to reaffirm the federal government's commitment to ensuring that agencies'
programs are free from discrimination. The means we use to accomplish our goals should be
tailored to the changing nature of government.
I call upon the Department of Justice, the Equal Employment Opportunity Commission, the
Interagency Disability Coordinating Council (IDCC), and the Presidential Task Force on
Employment of Adults with Disabilities to provide leadership to ensure that all agencies meet a
common goal: to ensure that today's federal programs - including the program of employment
- continue to be readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct all agencies to engage in a Five Year Plan. Under this Five
Year Plan, agencies will follow guidance to be provided by the Department of Justice and the
Equal Employment Opportunity Commission (EEOC) to evaluate agency programs, activities,
and facilities for compliance with sections 501 and 504 of the Rehabilitation Act, set targeted
goals consistent with priorities developed by the Department of Justice and the EEOC, and
implement all actions necessary to achieve those goals, within the next five years. As the initial
steps in the Five Year Plan, agencies are directed to do the following:
make all programs offered on their Internet and Intranet sites accessible to people with
disabilities by July 27, 2001; and
publish by various means, including by incorporation on all agency Internet home pages,
the name and contact information for the office(s) responsible for coordinating
the agency's compliance with sections 501 and 504 of the Rehabilitation Act.
I furthermore direct the Department of Justice and the Equal Employment Opportunity
Commission, in close consultation with the IDCC and the Presidential Task Force on
Employment of Adults with Disabilities, to develop priorities and establish for the Five-Year
Plan under which agencies will focus on specific programs or types of programs to ensure that
they are readily accessible to persons with disabilities.
I direct the IDCC to coordinate executive agencies' efforts to make the federal government's
electronic and information technology accessible to persons with disabilities.
I designate the following persons to participate in the IDCC, in addition to those members set
out by statute (29 U.S.C. § 794c):
The Administrator of the General Services Administration
The Secretary of Defense
The Secretary of Transportation
These steps will enable federal agencies to work together as they renew their ongoing
commitment to ensure that federal programs do not discriminate against people on the basis of
disability.
Nothing in this memorandum is intended in any way to limit the effect or mandate of Executive
Order 12250, which conveys certain authorities upon the Attorney General, or Executive Order
12067, which conveys certain authorities upon the Chair of the Equal Employment Opportunity
Commission.
This memorandum is for the internal management of the executive branch and does not create
any right or benefit, substantive or procedural, enforceable by a party against the United States,
its agencies or instrumentalities, its officers or employees, or any other person.
William J. Clinton
Memorandum
To:
From:
Date:
Re:
Presidential Directive on Renewing the Federal
Government's Committment to Ensuring that Federal Programs
are Free from Disability-Based Discrimination
The Department of Justice and the Presidential Task Force on
Employment of Adults with Disabilities (Task Force) have drafted
the attached Presidential Directive. It contains specific steps
designed to reach the goal of making federal programs free of
disability-based discrimination.
Overview
The Directive's core requirement is that all agencies engage in a
Five-Year Plan to ensure that today's federal programs are free
from disability-based discrimination.
The Department of Justice and the Equal Employment Opportunity
Commission, working in close consultation with the Task Force and
the Interagency Disability Coordinating Council (IDCC), are
charged with assigning additional priorities and setting
schedules for further agency actions to be completed as part of
the Five-Year Plan.
Background
Section 504's prohibition of discrimination on the basis of
disability, 29 § USC 794, was extended in 1978 to federal
agencies. Section 504 was a forerunner of the Americans with
Disabilities Act (ADA), which does not apply directly to federal
agencies. Section 504 applies to all agency programs, including
the program of employment. Section 501 and its implementing
regulations contain specific provisions related to employment.
The regulations implementing section 504, in addition to
prohibiting discrimination, contain affirmative requirements
designed to lower barriers to participation in federal programs
and activities by people with disabilities. One of these
provisions was a one-time requirement that federal agencies
engage in a comprehensive self-evaluation of their programs,
activities, and facilities to determine if they are accessible to
people with disabilities.
Since the mid-1980's, the federal government has seen dramatic
changes. Agencies have been created. Others no longer exist.
Programs and functions have changed. Many of the actions
designed to comply with Section 504 may no longer be effective.
This Administration is committed to the full participation in all
aspects of American society by people with disabilities and
recognizes that the federal government must set a good example.
Today's government programs must be readily accessible to and
usable by persons with disabilities. The time has come to
evaluate whether yesterday's tools meet today's needs.
Employment discrimination. The nature of the workplace has
changed. Most agencies thrive on a teamwork approach, using
collaborative efforts to achieve agency missions. Diversity
among team members is essential to acheiving customer-friendly
solutions. Government cannot provide the services Americans need
unless it reflects the diversity of our society. By ensuring the
promise of equal opportunity for government employees with
disabilities, the Administration will set an example for the rest
of the country to follow.
Technology accessibility. More than any other factor, technology
has changed the federal workplace and the way government serves
the American public. As our society grows more technologically
advanced, we must ensure that the technology upon which the
federal government relies does not create new barriers for people
with disabilities.
Five-Year Plan
While there is a clear need to reevaluate the tools we use to
implement sections 501 and 504 in light of today's federal
programs, agencies should not be overburdened with unnecessary
paperwork exercises. Instead of requiring agencies to engage in
a wholesale self-evaluation of all programs for compliance with
section 504, we recommend that agencies engage in a "Five Year
Plan" to take specific actions and focus on particular
priorities. These priorities include ensuring that agency
programs offered on the Internet are accessible to people with
disabilities and that modern employment practices remain free
from discrimination.
The first two steps under the Five Year Plan will be for agencies
to:
*
ensure that agency programs on federal Internet and
Intranet sites are accessible to people with
'The broad language of "make all programs offered on
[agency] Internet and Intranet sites accessible to and usable by
disabilities;¹ and
*
publish by various means, including by incorporation on
all agency Internet home pages, the name and contact
information for the office (s) responsible for
coordinating the agency's compliance with sections 501
and 504 of the Rehabilitation Act.
Other targeted priorities to be determined by the Department of
Justice and the EEOC may include taking specific steps to:
*
eliminate disability-based discrimination in
employment,
*
remove barriers in buildings and outdoor environments,
*
ensure accessible transportation arrangements and
vehicles,
*
provide effective communication,
*
ensure nondiscrimination in credentialing and licensing
programs,
*
make policy modifications, and
*
achieve other goals.
people with disabilities" provides a necessary degree of
flexibility to agencies to determine how they will provide
accessibility. If, for example, an agency offers on its Internet
site numerous historic documents in Adobe Acrobat's "portable
document format" or .pdf," which can be difficult or impossible
to read for people who use assistive technology such as screen
readers, agencies may be able to meet the goal of full
accessibility by providing an e-mail address to which persons for
whom a posted document is inaccessible could request one in an
alterante format. This level of flexibility is necessary, due to
the broad range of documents and formats already posted on the
Internet. Guidance from the Department of Justice could address
the extent to which agencies would have to retrofit existing,
widely-used pages in other respects (i.e., use appropriate color
combinations, changing format, etc.)
The interagency Chief Information Officers' Council has. directed
agencies to make their twenty most popular Internet sites fully
accessible by July 27, 2000, the 10th anniversary of the ADA.
The EEOC will continue to be the lead agency to determine
policies, practices, and schedules for addressing
disability-based employment discrimination. The Department of
Justice will continue to be the lead agency on all other issues.
Both of these agencies will consult regularly with the
Presidential Task Force and the IDCC.
Expanded Membership in and Role for the IDCC
The Interagency Disability Coordinating Council (IDCC) was
established under the Rehabilitation Act, 29 U.S.C. § 794c, as a
mechanism for, among other things, "developing and implementing
agreements, policies, and practices designed to maximize effort,
promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions,
and jurisdictions of the various departments, agencies, and
branches of the Federal Government
"
The Attorney General
is Chair of the IDCC, pursuant to Executive Order 12250.
The IDCC met on a regular basis throughout the 1980's, when
agenices were drafting implementing regulations for "federally
conducted activities" under section 504 of the Rehabilitation Act
and as they modified their programs to comply with section 504.
Since then, as agencies have become more focused on other issues,
IDCC meetings became less frequent. Eventually, they tapered off
altogether. The Administration's commitment to taking a fresh
look at disability accessibility issues - especially in light of
the changing nature of government - makes it desirable to
revitalize the IDCC as a coordinating body.
In comparison to the Presidential Task Force on Employment of
Adults with Disabilities, which contains many of the same member
agencies but focuses only on employment-related issues, the
IDCC's statutory charge is much broader: to coordinate the
federal government's actions and policies to implement all parts
of the Rehabilitation Act and its implementing regulations. 29
U.S.C. § 794c.
By statute, the IDCC includes:
*
The Secretary of Education
*
The Secretary of Health and Human Services
*
The Secretary of Labor
*
The Attorney General
The Director of the Office of Personnel Management
*
The Chair of the Equal Employment Opportunity
Commission
*
The Chair of the Access Board
*
The Assistant Secretary of the Interior for Indian
Affairs
*
other officials as designated by the President.
In the Directive, the President designates the following agencies
to participate, as well:
*
The Administrator of the General Services
Administration
*
The Secretary of Defense
*
The Secretary of Transportation
Although the President does not have authority over the Federal
Communications Commission and the U.S. Postal Service, the
Attorney General will invite those agencies to participate as ad
hoc members of the IDCC. The Office of Management and Budget
will also be asked to participate.
Substantively, the Directive charges the IDCC to lead executive
agencies in making the federal government's electronic and
information technology accessible to persons with disabilities.
The IDCC, after the additional members are added, includes the
Access Board and GSA - the two agencies charged with providing
technical assistance under section 508 - as well as the
Department of Justice and the EEOC - the two lead policy setting
agencies - and the Federal Communications Commission, which has
authority over the Telecommunications Act, the IDCC is the ideal
body to coordinate all of these activities.
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Renewing the Commitment to Ensure that Federal
Programs are Free from Disability-Based Discrimination.
As we draw near the tenth anniversary of the Americans with
Disabilities Act, we have much to celebrate. This landmark civil
rights law has increased opportunities for employment, education,
and leisure for millions of Americans. Our country is stronger
as a result.
As we celebrate the ADA, we cannot forget that it was built on
the solid foundation of section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended in 1978, which prohibits
discrimination on the basis of disability in federal programs and
activities. One important goal of section 504 is for the federal
government to set an example for the rest of the country by being
a model employer and providing exemplary service to its customers
with disabilities. While this goal remains constant, the nature
and structure of government have changed in the decades since the
inception of section 504. New agencies have been formed, while
others no longer exist. Government is more efficient and doing
more with less.
The time has come to reaffirm the federal government's commitment
to ensuring that agencies' programs are free from discrimination.
The means we use to accomplish our goals should be tailored to
the changing nature of government.
I call upon the Department of Justice, the Equal Employment
Opportunity Commission, the Interagency Disability Coordinating
Council (IDCC), and the Presidential Task Force on Employment of
Adults with Disabilities to provide leadership to ensure that all
agencies meet a common goal: to ensure that today's federal
programs - including the program of employment - continue to be
readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct all agencies to engage in a
Five Year Plan. Under this Five Year Plan, agencies will follow
guidance to be provided by the Department of Justice and the
Equal Employment Opportunity Commission (EEOC) to evaluate agency
programs, activities, and facilities for compliance with sections
501 and 504 of the Rehabilitation Act, set targeted goals
consistent with priorities developed by the Department of Justice
and the EEOC, and implement all actions necessary to achieve
those goals, within the next five years. As the initial steps in
the Five Year Plan, agencies are directed to do the following:
*
make all programs offered on their Internet and
Intranet sites accessible to people with disabilities
by July 27, 2001; and
*
publish by various means, including by incorporation on
all agency Internet home pages, the name and contact
information for the office (s) responsible for
coordinating the agency's compliance with sections 501
and 504 of the Rehabilitation Act.
I furthermore direct the Department of Justice and the Equal
Employment Opportunity Commission, in close consultation with the
IDCC and the Presidential Task Force on Employment of Adults with
Disabilities, to develop priorities and establish for the
Five-Year Plan under which agencies will focus on specific
programs or types of programs to ensure that they are readily
accessible to persons with disabilities.
I direct the IDCC to coordinate executive agencies' efforts to
make the federal government's electronic and information
technology accessible to persons with disabilities.
I designate the following persons to participate in the IDCC, in
addition to those members set out by statute (29 U.S.C. § 794c) :
*
The Administrator of the General Services
Administration
*
The Secretary of Defense
*
The Secretary of Transportation
These steps will enable federal agencies to work together as they
renew their ongoing commitment to ensure that federal programs do
not discriminate against people on the basis of disability.
Nothing in this memorandum is intended in any way to limit the
effect or mandate of Executive Order 12250, which conveys certain
authorities upon the Attorney General, or Executive Order 12067,
which conveys certain authorities upon the Chair of the Equal
Employment Opportunity Commission.
This memorandum is for the internal management of the executive
branch and does not create any right or benefit, substantive or
procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any
other person.
William J. Clinton