National Council on Independent Living NCIL: Celebrating 25 Years of Independent Living Legislative and Advocacy Priorities Spring 2009 Table of Contents The Independent Living Program and Reauthorization of the Rehabilitation Act Accessible, Affordable, Non-Toxic, Integrated Housing -Housing Fairness Act of 2009 -National Housing Trust Fund -Section 8 Voucher Reform Act (SEVRA) -Section 811 Supportive Housing for People with Disabilities Civil Rights and the Americans with Disabilities Act Employment and Economic Empowerment Healthcare and Ending the Institutional Bias -Community Choice Act -CLASS Act: Community Living Assistance Services and Supports -Promoting Wellness for People with Disabilities Act -Competitive Bidding and Targeted Case Management -Ending the Medicare Waiting Period Act -Medicare Independent Living Act Available and Accessible Assistive Technology -Assistive Technology Act -Ensuring Accessible Telephones and Television Twenty-first Century Communications and Video Accessibility Act -Digital Television Transition Transportation: Free to Choose, Free to Travel Appendix -Legislation NCIL Supports and Opposes -About NCIL Dear Advocates and Allies, I am pleased to announce the release of the spring edition of the National Council on Independent Living’s 2009 Policy Priorities. This publication will introduce you to a sample of the many legislative issues NCIL is currently pursuing in order to secure full inclusion and equality for people with disabilities in our great nation. NCIL is the oldest cross-disability, national grassroots organization run by and for people with disabilities. NCIL's membership includes people with disabilities, Centers for Independent Living, Statewide Independent living Councils, and other disability rights organizations. As a membership organization, NCIL advances independent living and the rights of people with disabilities through consumer-driven advocacy. I would like to draw particular attention to issues surrounding Independent Living Funding, discussed on page 4 of this publication. Considering the substantial work left to be done in order to secure the civil and human rights of people with disabilities, NCIL is acutely aware that funding for Centers for Independent Living and Statewide Independent Living Councils is of the utmost importance to our Movement. CILs and their statewide counterparts are the only organizations directly working to address the issues outlined in this publication. They use shoe-string budgets to successfully advocate for individuals with disabilities facing discrimination while fighting to win an even playing field and ensure the civil and human rights of all Americans. It is crucial that we secure appropriate funding for the Independent Living Program while advancing its agenda of full participation, equality, and freedom of choice for all. I am very proud of our community’s hard work to bring these issues to Congress. Together we will see the passage of our legislative priorities, the restoration of our civil rights, and a world in which people with disabilities are truly valued equally and participate fully. Sincerely, John A. Lancaster Executive Director, National Council on Independent Living Independent Living and Reauthorization of the Rehabilitation Act The Rehabilitation Act is an important civil rights law that prohibits discrimination on the basis of disability in all activities of the Federal government and any entities receiving funding from the Federal government. The Act has not been reauthorized since 1998. Title VII of the Act establishes the Independent Living Program, an exceptionally unique solution to persistent obstacles facing our community and the nation as a whole. Centers for Independent Living and Statewide Independent Living Councils are grassroots, advocacy-driven organizations run by and for people with disabilities. They focus on civil rights, empowerment, and inclusion. In addition to direct services, the Independent Living Program seeks ways to broadly change traditional service delivery. For 30 years CILs have sought community-based programs to assist people with disabilities to return to their homes and communities. Services delivered in the home rather than a costly nursing facility result in tremendous cost savings to Medicaid, Medicare and state budgets. The Rehabilitation Act needs to be reauthorized immediately with amendments that will maximize the impact and potential of the Independent Living Program. NCIL supports many of the provisions included in the Senate-passed Workforce Investment Act Amendments, S. 1021 (109th Congress). Based on recent trends toward conservative interpretation of the Rehabilitation Act, it is imperative that the following provisions be included in reauthorization. Suggested Amendments for Centers for Independent Living: Funding Formula Change: S. 1021 included legislation that would enable new Part C dollars to be shared among all states and territories. States with the largest populations would receive more funding proportionally. -Amends Section 721 of the Rehabilitation Act of 1973 (42 23 U.S.C. 796f).   The current formula is based primarily on population, “an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. . . not less than  . . .  onethird of one percent of the sums made available for the fiscal year”  There are 24 minimum-funded states. Grandfathered Centers: Centers that receive Part C funding should not need to re-compete for grants if they received one prior to the first year of reauthorization. Centers should be grandfathered into the system if they received Part C funds “the previous year” and have met the standards and assurances. -Amends 722 (e)(1)(A) of the law to permit entities which fulfill the definition of Center for Independent Living to assume that status and retain their funding under Part C. 722 (e)(1)(A). Carryover: Would allow Centers to carry over Part C funds not spent during the first year into a second year.  Section 17(a)(1) of the Rehabilitation Act of 1973, as amended does not allow the opportunity to carryover Title VII Part C funds from one fiscal year to the next, as Congress intended. 5th Core Service: Subject to increased appropriations, NCIL supports the addition of a 5th core service: transition from institutions to the community and from school to independent living and employment. -Although it is generally agreed that most Centers are already providing transition services, recent budget cuts have inhibited CILs’ ability to offer transition as a “core service.” The additional service will also be addressed in the State Plan for Independent Living and in the Standards for CILs. -Amends Title VII, Sections 704 and 725; adds Promoting Full Access to Community Life as a core service. Suggested Amendments for Statewide Independent Living Councils: Chairperson of the SILC: In the 109th Congress, both the House and Senate confirmed that the Council shall select a chairperson from among its voting membership. Chairpersons should be selected by the membership and not by governors. In addition to clarifications included in S. 1021, the following amendments should be included in reauthorization: Appointment of CIL Executive Director to the SILC: During the 1992 reauthorization, governors were granted the authority to make appointments to the Councils. Directors of Centers for Independent Living were given the authority to choose “at least one director” to represent them on the Council. In some states, this conflict has caused confusion and resulted in unnecessary delays in appointments. Ex-Officio, Non-Voting Member Clarifications: Inconsistent interpretations of the Act have caused a great deal of confusion with regard to Ex-Officio membership. SILC Authority: Since first becoming established in 1992 as an entity with true decision-making authority, Statewide Independent Living Councils have demonstrated that they can provide the leadership and direction needed to develop a network of Independent Living programs, services, and Centers. SILCs have been granted incrementally greater authority and earned the right to assume total control over the development of the State Plan for Independent Living (SPIL). No Appeals Process on State Plans for Independent Living: Title VII has no method for a Center to appeal the State Plan if they believe it has not been developed according to Section 704 requirements. Centers are at the core of advocacy in a state, and there is no protection against SILCs and DSUs seeking retribution for a Center's advocacy. Centers have their own boards of directors and are community-based. As such, they must be responsive to the needs of their local community. SILCs should not be able to make decisions that override the needs of the local jurisdictions. The function of the Statewide Independent Living Council should be clarified to include: -Facilitate the improvement and coordination of services provided to individuals with disabilities by Centers for Independent Living, the Designated State Unit, other government agencies, and community organizations; -Conduct resource development activities to obtain funding from public and private resources to support the activities described in this subsection or to support the provision of independent living services by Centers for Independent Living, and;   -Perform such other functions, including but not limited to systems advocacy, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate. Image: NCIL member holds a sign that reads "we need $ to free our people!" Image: NCIL member holds a sign that reads "Back off RSA; leave our SILCs and CILs Alone!" Accessible, Affordable, Non-Toxic, Integrated Housing NCIL supports initiatives to increase accessible, affordable, integrated housing. NCIL is a cross-disability organization and applies the term “accessible” broadly, emphasizing physical accessibility, accommodations for persons with mental illness and sensory disabilities (visual or hearing), and healthy / nontoxic, separated and protected housing for persons with chemical and electrical sensitivities. The Fiscal Year 2010 Budget is a dramatic change and we are pleased to see that housing is clearly a priority for the Administration. Given the shortage of accessible housing, NCIL recommends a set-aside be created that would allow tenants to access funds to modify a housing unit to meet their needs. Preservation of project-based housing should achieve total accessibility as defined above in a fiscally responsible manner. Finally, green technology and sustainable housing in the new Energy Innovation Fund must be consistent with healthy / nontoxic design, construction, and operations and maintenance practices and include Universal Design to ensure that housing is available to all for years to come. Housing Fairness Act of 2009 H.R. 476 As the report Discrimination against Persons with Disabilities: Barriers at Every Step documented, discrimination against people with disabilities is very prevalent. NCIL urges passage of H.R. 476, The Housing Fairness Act of 2009. This legislation would authorize funds for enforcement testing, increase the authorization for the Fair Housing Initiatives Program (FHIP), and fund studies of housing discrimination and segregation and its effect on education, poverty, and economic development. National Housing Trust Fund Congress created the National Housing Trust Fund in 2008 with funding from Fannie Mae and Freddie Mac, but the economic crisis has impeded its funding. President Obama has proposed in 2010 to fund the Trust Fund at $1 billion. NCIL applauds this proposal, which will allow the Trust Fund to create and preserve housing for people with the lowest incomes, which disproportionately includes people with disabilities and their families. NCIL urges Congress to support this funding allocation. Section 8 Voucher Reform Act (SEVRA) Bill Numbers Not Yet Assigned While NCIL supports many SEVRA reforms, there were several work disincentives in the SEVRA bills of the 110th Congress, including replacing the Earned Income Disregard for people returning to work after receiving benefits and elimination of deductions for child care. In addition, the reductions in income adjustments for medical expenses and the expansion of the unproven Moving to Work program will make subsidized rent unaffordable for many seniors and people with disabilities. While this bill was well-intentioned, the people who can least afford it will be impacted negatively and will see their portion of the rent increase. We urge members of Congress to improve SEVRA by addressing these problems. Section 811 Supportive Housing for People with Disabilities Efforts to reduce unjust and expensive institutionalization are thwarted because of the lack of affordable and accessible housing. NCIL supports reauthorizing Section 811 and reforming the production program to allow for mixed-finance, mixed-use projects; streamlining the processing requirements; and increasing production by authorizing a Project Rental Assistance Contract (PRAC) Demonstration program that includes leveraging set-asides of supportive housing units in federal Low Income Tax Credit properties and HOME-funded projects. NCIL supports using Section 811 to create separate and protected housing for persons with chemical and electrical sensitivities. Civil Rights and the Americans with Disabilities Act In 2008 NCIL worked with a broad coalition to pass the ADA Amendments Act. The bill was signed into law September 25, 2008. NCIL appreciates the efforts of the thousands of advocates across the nation who worked so diligently to restore a crucial portion of our landmark civil rights law. The Act specifically overturns Supreme Court decisions that have caused too many people with disabilities whom Congress intended the ADA to cover to lose important civil rights protections. ADAAA makes it clear that Congress intended the ADA’s coverage to be broad, and to cover anyone who faces unfair discrimination based on disability. NCIL now supports an examination of the rulemaking process for the regulations which adopt the Standards for Accessible Design under the ADA. The Department of Justice held an extremely rushed comment period in 2008 as part of the process of adopting a revised set of standards. Some of the proposals in the rulemaking represent radical departures from existing regulations and long-standing positions held by the Department. NCIL continues to have concerns with many sections of the Proposed Rule, including the definition for service animals, access to existing recreational spaces and play areas, a requirement that individuals attest in writing that they actually use a wheelchair, and new “safe harbors”. NCIL strongly feels that further public discussion is warranted. The Department has worked hard on this rulemaking for years. Now is not the time to short circuit the process by rushing to finalize a rule without the public give and take that is needed to implement changes of this scope and importance. In addition to reducing valuable public discussion and consensus-building, the current rush to finalize these rules will constitute a missed opportunity to improve structural accessibility through harmonization with model building codes. The new Administration has suspended all new regulation in-process pending a review, and NCIL will advocate for another comment period of at least 90 days. The NCIL ADA / Civil Rights Subcommittee will continue to advocate for legislation addressing polling place access and truly accessible voting machine systems. NCIL will also monitor and advocate for legislation to stop violence and abuse toward people with disabilities, and additional resources for Centers for Independent Living providing core services to returning veterans, including mental health information, resources, and advocacy. As we look to the stimulus package to fund infrastructure projects nationwide, public entities must include accessibility in all projects being planned, as well as providing better, more integrated, equal access where alternate methods of providing accessibility have been relied upon in the past. Funding should be made available for small businesses to make their stores and services accessible to people with disabilities to increase their business in tough economic times. Image: NCIL Members march to the Capitol carrying a sign that reads "Injustice anywhere is a threat to justice everywhere -Martin Luther King, Jr." Image: NCIL Member carries a sign that reads "We demand freedom" Employment and Economic Empowerment The staff and leadership of Centers for Independent Living are comprised of people with disabilities by more than 51%. With new funding, CILs and SILCs will be able to provide more services and hire more people with disabilities to improve employment outcomes for other individuals with disabilities. The high incidence of U.S. poverty caused by disability is unacceptable on moral and economic grounds. The time has come to better serve the needs of Americans with disabilities. In the short term, Congress should: -Ask the federal Office of Personnel Management to prioritize implementation of federal Schedule A rules and make the federal government a model employer of Americans disabilities. -Ask Representative Edolphus Towns (D-NY) to conduct oversight hearings on the low use of Schedule A, and other supports promoting government employment of people with disabilities. -Encourage local, federally funded employment services in their state or district to support and provide outreach for the 2008 re-launch of Social Security’s New Ticket to Work Program for its disability beneficiaries, in the works for over four years. NCIL Employment Policy: NCIL believes the U.S. can and will decouple the conflicting goals of today’s Social Security disability benefit programs. Providing supports to help people maintain paid work would be separate from providing income when people are physically or mentally unable to work. An employment support insurance program would provide health coverage through new models of Medicare, benefits planning services, and referrals to employment support services. The Employment Support Insurance (ESI) would be similar to the social insurance model SSDI uses now, with FICA payroll deductions. ESI would provide sound transition between seeking work, employment, and having SSI or SSDI. For those unable to work, the current SSDI program would maintain its earnings replacement components under an Earnings Replacement Insurance (ERI) program. Medicare coverage would be available right away in the ERI program. The ESI program would provide income support, health coverage, benefits planning, and referral services to people transitioning off the ERI program when returning to work. Potential beneficiaries would apply for ESI or ERI depending on their needs. This two-plan model protects life-saving aspects of current systems while addressing gross deficiencies. Tax code reform could keep what works and fix what is broken by combining, simplifying, and expanding existing tax credits under a new disabled access credit. The new credit would have one definition for access, that is, the definition for reasonable accommodation in the ADA. This definition would also apply for revised versions of the Work Opportunity Tax Credit, making more employers eligible for the credit. The EITC would also be expanded. National public policy on employment is stuck in a morass of confusing program rules and conflicting advocacy positions. “There is a terrible tension between eligibility to get benefits versus getting employment help.” Designs for two-plan models, reinforced with tax reform, would address today’s mind-bending process of proving an inability to work before getting work incentives. NCIL believes the U.S. can and will decouple the conflicting goals of the Social Security disability benefit programs by using coherent win-win state, federal and private partnerships. Image: A man using sign language during the 2008 Annual Conference Healthcare and Ending the Institutional Bias Community Choice Act Bill Numbers Not Yet Assigned Healthcare reform must include long term care services. NCIL strongly endorses the Community Choice Act because it will help bring an end to the shameful institutional bias in this country. Currently, every state that receives Medicaid is required by law to provide nursing facility services, but community-based services remain optional, leaving them open to funding cuts year after year as institutions remain prosperous. As a direct result, millions of seniors and people with disabilities are forced into institutions to receive segregated medical or personal assistance services. The Community Choice Act requires states to offer community-based supports for Medicaid-eligible consumers who want to stay in or return to their homes and communities. It will provide a real alternative to institutional care that many states lack, as well as saving Medicaid billions of dollars.  The average annual cost of a private nursing home room is $75,000, yet the cost of a full-time home health aide is only $39,500 per year. When totaled, the savings to states and the federal government (simply by allowing people to receive services in their homes) will allow for expanded healthcare services and the elimination of lengthy waiting lists on which people currently sit for years at a time, waiting to receive services anywhere but in an institution. There is now evidence that the Congressional Budget Office report from 1997 was inaccurate and the legislation will actually cost one tenth of the original estimate by CBO, proving the Community Choice Act is a cost-effective initiative as well as the right thing to do. For further information, please see the University of California San Francisco (UCSF) report entitled “Estimating the Expense of a Mandatory Home- and Community-Based Personal Assistance Services Benefit Under Medicaid”. LaPlante, MP, Kaye, HS, & Harrington, C. (2007). Image: NCIL member stands in front of the Capitol holding a sign that reads "I escaped a nursing home" CLASS Act: Community Living Assistance Services and Supports Bill Numbers Not Yet Assigned The CLASS Act would assist people with disabilities who are employed and in need of long term assistance or supports by providing a flexible cash insurance benefit that could be used creatively to purchase services, supports and technology. NCIL applauds the creative approach of the bill in addressing issues around long term care services. We believe an insurance program that is affordable, available nationwide, and not tied to poverty and unemployment is a laudable goal and a much-needed piece of the long term service puzzle. Image: 2 NCIL members share a bullhorn during a protest Promoting Wellness for People with Disabilities Act Bill Numbers Not Yet Assigned Health and wellness are important to all individuals, especially people with disabilities. Accessible medical examination equipment is crucial and access to healthcare must be unbiased. This legislation is the first to address the need for establishing accessibility standards for medical equipment. The Promoting Wellness for People with Disabilities Act requires medical and dental schools, along with their residency programs, to increase training to improve competency and clinical skills in providing care to patients with disabilities, including those with intellectual disabilities. Currently, few medical schools provide education for their students in treating people with disabilities and providing accommodations to ensure access to quality care. The bill also creates a small grant program to prevent secondary conditions and promote healthy lifestyles for people with disabilities. Image: NCIL member holds a sign that reads "make exam tables accessible, i need a pap smear!" Competitive Bidding and Targeted Case Management The Centers for Medicare and Medicaid Services (CMS) created a competitive bidding program for purchasing Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS). The program establishes rates for certain categories of equipment. CMS says the program seeks to reduce costs and prevent fraud and abuse to Medicare, and will save consumers money by requiring all vendors in target areas to meet CMS’s eligibility, quality and financial standards. In 2008 the program was delayed. NCIL is concerned that the savings CMS claims will occur under the competitive bidding program will reduce access to equipment and result in increased costs due to extended hospital stays and additional visits to physicians. Before competitive bidding, many consumers obtained all necessary services from a single supplier; now many will be forced to visit several suppliers in order to meet their needs. Targeted Case Management is a comprehensive service that coordinates medical and other procedures for people with complex health needs who are eligible for community-based care management services. CMS intends to reduce reimbursement for "Transition Services" from 180 days to 60 days. For people in nursing facilities less than six months, services will only be reimbursed for 14 days. NCIL believes these ridiculously short timeframes will have a direct and negative effect on people with disabilities and seniors transitioning from nursing facilities, as well as on implementation of the Money Follows the Person projects in 31 states. Image: NCIL member holds a sign that reas "An inequality for one is an inequality for all". Ending the Medicare Waiting Period Act Bill Numbers Not Yet Assigned NCIL supports elimination of the 24-month Medicare waiting period.  If a person qualifies for Social Security Disability Insurance, they are by definition disabled and usually in need of medical attention. This bill will immediately eliminate the two year waiting period for those that need immediate, life-saving medical attention. For those without a life-threatening condition, the waiting period will be eliminated within 10 years of enactment. Currently, there are about 600,000 Americans with significant disabilities who have no insurance and go without healthcare. Many go into debt, are forced into personal bankruptcy, or die while waiting the required two years for their Medicare coverage to begin after they are deemed eligible for Social Security Disability Insuarance. Twelve percent of people in the Medicare waiting period die each year while waiting for coverage to begin. This practice must stop. Death and illness do not wait on bureaucracy. Image: NCIL member holds a sign that reads "Down with nursing home lobby pigs! oink oink!" Medicare Independent Living Act Bill Numbers Not Yet Assigned The Independent Living Act will eliminate an incorrect and devastating interpretation of the “In-Home Rule” by the Centers for Medicare and Medicaid Services (CMS). Medicare’s mobility device benefit has never been generous. In fact, Medicare will only provide wheelchairs and scooters to those beneficiaries who need them to eat, bathe, groom, dress, or use the bathroom inside their home. In many communities, CMS takes a hard line on the issue and insists that if the provided medical device is used outside the home, the recipient is no longer entitled to the device. The current rule prevents beneficiaries from living independently by returning to work or school, regaining self-sufficiency, accessing their place of worship, the voting booth, and the homes of family and friends. Medicare continues to pursue such myopic and irrational policies that genuinely harm beneficiaries in the name of reducing fraud and abuse. NCIL denounces CMS for its continued refusal to address Medicare’s restrictive “In-Home Rule” policy, which was originally meant to define durable medical equipment as devices provided outside an institution, hospital, or nursing home which therefore warranted separate reimbursement under Medicare Part B. Image: Marca Bristo and Judy Heumann clasp hands in victory at the NCIL Annual Conference Image: John Lancaster, Bob Kafka, and others lead a discussion at the NCIL Annual Conference Available and Accessible Technology NCIL is a strong advocate for the use of assistive technology as a tool for independence. We believe the principles of inclusion, consumer control, and peer support apply to the use, development and delivery of technology usable by and available to all citizens. NCIL believes that people with disabilities are best served by being exposed to technology, having the opportunity to experiment with technology, and being able to acquire technology through informed choice. NCIL believes that vigilance is needed to ensure that developing technologies are inclusive and accessible. We support legislation and efforts that develop and enforce access standards in emerging and existing technology. Assistive Technology Act NCIL supports funding of the Assistive Technology Act as authorized by Congress because it assists consumers in learning about, experimenting with, and acquiring assistive technology in pursuit of their independence. Currently, 75% of the programs funded under the Assistive Technology Act are funded below the minimum. We would like to see funding increased so that the alternate financing programs can continue to provide much-needed micro-loans for assistive technology purchases. By supporting the Assistive Technology Act as authorized and increasing funding for the state assistive technology programs and their collaborators, Congress can ensure that the continuum of services is available to consumers in an integrated manner and better enable them to make decisions that meet their needs and life circumstances. Ensuring Accessible Telephones and Television Legislative and regulatory safeguards are needed that will ensure full access by people with disabilities to the new high-speed broadband, wireless and digital technologies. Our nation is moving from analog communications to more versatile digital technologies. More and more devices enter the marketplace that connect television, internet, phone and other services. Few of these are designed with disability in mind and there is danger that people with disabilities will be left behind. These new technologies can provide people with disabilities new opportunities for greater independence, integration, and privacy, but only if designed to be accessible to and usable by people with disabilities. The Twenty-first Century Communications and Video Accessibility Act Representative Edward Markey (D-MA), Chairman of the House Subcommittee on Telecommunications and the Internet, introduced The Twenty-first Century Communications and Video Accessibility Act in the last Congress. To ensure people with disabilities are not left behind with new technologies, the bill included many simple, mostly software-oriented steps that were recommended in the 2007 report “The Need for Federal Legislation and Regulation Prohibiting Telecommunications and Information Services Discrimination”. NCIL strongly supports this bill and is working to develop support in the current Congress. The cost of retroactive accessibility and the continued development of inaccessible infrastructure results in extraordinary and unnecessary burdens. Digital Television Transition NCIL remains concerned that as analog television shuts down and the nation moves to digital broadcasting, people with hearing disabilities may suffer loss of closed captioning required by law. We must also ensure that people with vision disabilities receive available video description so that as we move toward a more technologically advanced future we do not toss important civil rights protections to the side. NCIL asks for support of FCC and industry efforts to develop a dedicated team of engineers and others who can troubleshoot equipment and service problems in the television distribution chain. Transportation: Free to Choose, Free to Travel Transportation is a critical issue for persons with disabilities, often affecting the opportunity to live independently. Experts agree that the lack of accessible transportation options is one of the most significant barriers facing people with disabilities. Therefore, it is the policy of the National Council on Independent Living to seek a federal standard that requires all taxi fleets in America to be wheelchair accessible by January 1, 2013 and that the Access Board develop and adopt a minimum standard for universal accessible design of all taxicabs. Without accessible and affordable transportation, people with disabilities are prevented from attending school, maintaining employment, traveling within the communities of their choice, and fully participating in the American Dream. While efforts have focused on public bus and train travel, experience has shown that accessible public transit is not always the most convenient, cost effective, or time sensitive solution. People with disabilities are part of the general public and want the very same travel options available to everyone else. Taxicabs represent a personal travel option. Yet when it comes to honoring the equal access intent of the Americans with Disabilities Act, America's taxicab fleets come up woefully short. Currently, many Americans with disabilities are limited to medical transportation. Such practice is unfair, unjust, prohibitively expensive and contrary to the spirit of ADA’s integration mandate. The passage of legislation smoothing the way for the acquisition of wheelchair accessible vehicles will maximize community integration and participation for many of our citizens who currently live without such opportunity. Affordable and accessible taxicab services will ensure that seniors and people with disabilities will age in place, providing greater opportunities to live independently in their existing homes. To develop legislation around the intent of this policy, we invite all stakeholders in the transportation industry, disability community and government to join with us in structuring legislation to ensure equal access to taxi transportation. Such an action is not without precedent. Federal, state, and local government regulation currently provides safety, access and price controls within the taxi industry. Requiring equal access to taxi fleets for those using mobility devices is no different than government limiting the age of a vehicle that can be used, the fee that can be charged or stating that no taxi operator or company may discriminate against serving passengers based on their race, religion, sex, or ethnic origin. Equal access to America’s private transportation fleets is a matter of fundamental fairness whose time has come. NCIL urges Congress to conduct an oversight hearing on accessible transportation, including access to taxi cabs. Image: NCIL youth members pose for a picture in front of the U.S. Capitol Image: NCIL members educate Congressional staff on IL priorities Legislation NCIL Supports: -Community Choice Act -Ending the Medicare Waiting Period -Medicare Independent Living Act -Federal Housing Finance Reform Act -Senior Executive Service Diversity Assurance Act -National Affordable Housing Trust Fund Act -Legislation to stop Harmful CMS Regulations -Promoting Wellness for People with Disabilities -Local Law Enforcement Hate Crime Prevention Act -Full implementation of the Help America Vote Act -Affordable Housing Expansion and Public Safety Act -Full funding of all community transportation provisions of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) -Reauthorization of the Rehabilitation Act and Increased funding for Title VII Part C funds by at least $100 million – for a total of $175 million -Full Implementation of HR 5441, the Department of Homeland Security Appropriations Bill of 2007, which contains the Post Katrina Emergency Management Reform Bill -Community Living Assistance Services and Supports, (CLASS) Act Legislation NCIL Opposes: -Cuts to or “flat funding” of programs that enable people with disabilities to live, learn, work, and play in their communities. -Any paper audit trail or other means of independent vote verification requirement that restricts people with disabilities’ access to vote privately. -Bill “To Protect the Interests of Each Resident of Intermediate Care Facilities for The Mentally Retarded in Class Action Lawsuits on Behalf of Such Resident” (H.R. 1255): Despite its title, this will present barriers to people with disabilities asserting their rights. NCIL opposes any bill that would put the health, welfare, and security of individuals with disabilities in jeopardy. The National Council on Independent Living Founded in 1982, the National Council on Independent Living is one of America’s leading and the oldest cross-disability, national grassroots organization run by and for people with disabilities. We represent Centers for Independent Living (CILs,) Statewide Independent Living Councils (SILCs,) and other disability rights organizations serving hundreds of thousands people with disabilities in every state and territory of the country. Mission: As a membership organization, NCIL advances independent living and the rights of people with disabilities through consumer-driven advocacy. Vision: The National Council on Independent Living envisions a world in which people with disabilities are valued equally and participate fully. The National Council on Independent Living 1710 Rhode Island Ave, NW / Fifth Floor Washington, D.C. 20036 voice: (202) 207-0334 fax: (202) 207-0341 tty: (202) 207-0340 website: www.ncil.org; email: ncil@ncil.org