Monthly Updates - January, 2006

Updates

Review of Emergency Operation Plans
President Bush tasked the Department of Homeland Security (DHS) to conduct a review, in cooperation with local counterparts, of emergency plans in every major city in America. In a September 23, 2005 memo, Secretary Chertoff further ordered that the review include a rigorous examination of how these communities plan to prepare, inform, evacuate and care for people with disabilities. The Office for Civil Rights and Civil Liberties (CRCL) has been actively providing input and advice in the review process, including a November 22, 2005 meeting with DHS Preparedness Directorate, Office of Grants and Training officials spearheading the process. On November 23, 2005 the Preparedness Directorate issued an Information Bulletin to all State Homeland Security Directors, State Administrative Agency Heads, State Administrative Agency Points of Contacts, and Urban Area Core City/Core County Points of Contact that incorporated much of the input on planning issues pertaining to special needs population and individuals with disabilities provided by CRCL. Notably, an October 3, 2005 letter from disability consumer and advocacy organizations representatives, which comprise the Council's Citizen Corps Council Subcommittee to the Office of Grants and Training, also encouraged the inclusion of disability criteria among the requirements for the FY2006 DHS Homeland Security Grant.

State and urban areas/major cities must conduct self-assessments using guidelines in Information Bulletin 197. Participation is a prerequisite for receipt of FY2006 DHS Homeland Security Grant funds. Among the self-assessment questions associated with catastrophic event planning that each grant applicant must answer is:

• What actions are being taken to fully address requirements for populations with special needs, particularly persons with disabilities?
• What actions are being taken to ensure prompt evacuation of patients (ambulatory and non-ambulatory) from health care or other facilities?

The self-assessment phase of the review process will be followed by on-site Peer Review visits to validate results and corrective action plans. As recommended by CRCL, An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities (available online at http://www.usdoj.gov/crt/ada/emergencyprep.htm) is listed among the suggested references.

The Preparedness Directorate Information Bulletin 197 is available at: http://www.ojp.usdoj.gov/odp/docs/info197.pdf. Contact Megan Hogan either by telephone (202) 401-2569 or via email: megan.hogan@associates.dhs.gov for a WORD version of this Bulletin.

CRCL continues to work in close coordination with the Preparedness Directorate assisting in several other areas. Those areas include:

• Develop a Special Needs/Disability training that will become a component of the mandatory training for peer review teams;
• Provide a list of recommended special needs/disability subject matter experts for participation in the peer review teams;
• Provide disability specific statistics on the populations of people with disabilities in the cities, states, and territories to be visited; and,
• Review and provide recommendations for changes to the State and Local Guide (SLG) 101: Guide for All-Hazard Emergency Operations Planning, 1996. This guide is used by State and local emergency management organizations in the development of State and local Emergency Operation Plans (EOPs).

Hurricane Katrina Recovery Operation
CRCL, along with several of its ICC partners, remain actively engaged in ongoing Hurricanes Katrina and Rita recovery efforts. The day-to-day involvement spans a number of critical areas including, but not limited to, accessible housing, timely and efficient handling of special needs/disability case management issues, and nursing home/institutionalization issues.

CRCL recognizes the strong desire for information regarding the status of issues specific to special needs evacuees, including evacuees with disabilities and how these issues are being addressed. CRCL will work with colleagues in the Federal Emergency Management Agency (FEMA) to make regular updates available.

Below is a "snapshot" of some of the activities and developments:

• Provided briefings, including recommendations, to DHS Secretary Chertoff, Acting FEMA Director Paulison and PFO Admiral Allen on the issues affecting the special needs population, including people with disabilities affected by the hurricanes.
• Initiate Hurricane Katrina "lessons learned" report writing phase.
• Establishment of an "accessible housing task force" by several ICC partners including Department of Housing and Urban Development (HUD), Federal Communications Commission (FCC), and U.S. Department of Justice (DOJ).
• Collaborated with DOJ and HUD to revise specification for the manufactured housing units purchased by FEMA. The revised specs make units far more accessible for people with mobility disabilities. FEMA is now using the revised specs. Additionally, FEMA leadership decided in late October 2005 that 14 percent of the total number of manufactured units it procured will be accessible.
• Working with FEMA Baton Rouge JFO and FEMA housing contractors to finalize plans for the hiring of an architect with accessibility expertise to work with staff and contractors to prevent and resolve accessible housing issues.
• Working with FEMA JFOs and headquarters leadership to improve efficiency in the handling of special needs/disability issues, including timely and appropriate review and follow-up to case management issues. Although much work remains, there has been noticeable progress in this area.

Collaboration with American Red Cross
Representatives from the National Office of the American Red Cross (ARC) met with Daniel Sutherland, Claudia Gordon, and Cheryl King in October 2005 to discuss issues that came up regarding the treatment of people with disabilities in ARC shelters following Hurricane Katrina. The ICC representatives shared information received first hand from the field and reports from advocacy groups. The Red Cross demonstrated a strong willingness to change policy to rectify the situation. Immediate actions include the development of the Disaster Operation Guidance, "Helping to Meet the Needs of Evacuees with Disabilities," which the ARC is moving through its internal approval process. Each step of the way, it has been enthusiastically received.

In addition, Jennifer Johnson and Margaret Schaefer from Health and Human Services (HHS) participated in a conference hosted by ARC and National Volunteer Organizations Active in Disasters (VOAD). The conference brought together volunteer organizations representing a variety of special needs groups (i.e., language, minority, disability, etc.) to understand how they can effectively collaborate during a disaster response. A follow up to that conference was the development of a working group to tackle specific issues identified during conference breakout sessions. The working group met to expand upon recommendations from the conference that may lay the foundation of new disaster response policy and procedure. ARC is compiling the results and will distribute them to the working group.

Top Officials (TOPOFF) Exercises
CRCL actively participated in the development of TOPOFF 3 Full Scale Exercise After-Action Report submitted to Secretary Chertoff. Within that report is a Remediation Action Plan identifying shortfalls, which the exercise did not sufficiently address, and recommendations to correct those issues. The primary concern is that the exercise did not sufficiently address the needs of people with disabilities in exercise planning, play, delivery or in the accommodation of observers with disabilities. Recommendations were made to remediate these issues during TOPOFF 4 by:

• Identifying individuals with disabilities, advocacy groups, and emergency preparedness experts to assist in planning and provide actors for realistic play.
• Inclusion of a community of individuals with disabilities in exercise scenario and play (i.e. specifying that a school for the deaf or a nursing home is in the area affected in the scenario).
• Work with Section 508 coordinator and Office for Civil Rights and Civil Liberties to ensure maximum accessibility and accommodation for observers and players in TOPOFF 4 and intermediate exercises.

CRCL is working with the DHS Office of Grants and Training, Preparedness Directorate through provision of technical expertise in TOPOFF 4 exercise scenario development. On January 4-5, 2006 CRCL representatives will participate in TOPOFF 4 Concept Conference, which will impact State planning conferences, Senior Officials Exercises, a Command Post Exercise and a Full-Scale Exercises. The culmination of the TOPOFF 4 Cycle will be a Large-Scale Exercise to take place in Arizona, Oregon, and Guam and will address medium and long-term recovery issues.

Avian Flu Tabletop Exercise
As a result of CRCL participation in the TOPOFF Exercise After-Action Report development, exercise planners invited CRCL to provide feedback into the Avian Flu Senior Official Exercise scenario and to attend the tabletop exercise. This high-level strategic planning exercise tested interagency interoperability and helped identify potential gaps in national preparedness.

RECENT ANNOUNCEMENTS

Harkin Presses for Stronger Emergency Preparedness and Response for People with Disabilities
Washington, D.C. On Friday, December 16, 2005 Senator Tom Harkin (D-IA) introduced S. 2124, the Emergency Preparedness and Response for Individuals with Disabilities Act of 2005. (See http://www.govtrack.us/congress/bill.xpd?bill=s109-2124 for Bill details.) The legislation will address the needs of individuals with disabilities in emergency planning and relief efforts. "Hurricane Katrina's aftermath has shown us that we need to have a better emergency response plan, especially one that includes preparations for assisting people with disabilities," said Harkin. "This bill is an important step to ensure that the needs of disabled Americans will be addressed in case of an emergency." Under this legislation, a Disability Coordinator would be created in the U.S. Department of Homeland Security, who will report directly to the Secretary. The Coordinator would be responsible for:

• Working with local, state and federal authorities about the needs of individuals with disabilities in emergency planning and relief,
• Developing a curriculum for first responder training on the needs of individuals with disabilities,
• Ensure telephone hotlines and websites containing information about evacuations are accessible, and
• Provide guidance about the rights of individuals with disabilities regarding post evacuation residence and relocation, among other things.

The Emergency Preparedness and Response for Individuals with Disabilities Act of 2005 will also require that 30 percent of temporary housing for disaster victims be accessible, and usable by individuals with disabilities, and would provide incentives to create more accessible housing during reconstruction efforts.

Harkin is a longstanding advocate for individuals with disabilities in the U.S. and has worked tirelessly to call attention to disability rights. He was the chief sponsor of the Americans with Disabilities Act (ADA), landmark legislation that seeks equality of opportunity, full participation, independent living, and economic self-sufficiency for millions of Americans with physical and mental disabilities.
Source: http://www.govtrack.us/congress/bill.xpd?bill=s109-2124

Under Secretary for Preparedness at the Department of Homeland Security (DHS) Confirmed.
On December 20, 2005 DHS Secretary Chertoff announced the confirmation of George W. Foresman as the new Under Secretary for Preparedness. Mr. Foresman will begin his tenure with DHS in January 2006. Secretary Chertoff stated in a memo to DHS employees that, "As part of the Second Stage Review (2SR), I introduced a new structure to revamp and bolster our preparedness efforts, which included a new Directorate for Preparedness. Mr. Foresman's appointment is a critical step in standing up this new directorate and consolidating the Department's existing preparedness efforts."

Mr. Foresman brings to his new role more than 20 years of senior management emergency preparedness experience, working on local, State, and Federal public safety and national security issues. Most recently, he served as an Assistant to the Governor of Virginia for Commonwealth Preparedness and was responsible for the Commonwealth's emergency and disaster preparedness activities, including coordination with the private sector. He was also a member of a bi-partisan National Advisory Panel, which was established by Congress to advise the President and Congress on ways to improve preparedness.

Disability Organization Received Hurricane Katrina Case Management Grant
It was announced earlier this month that the protection and advocacy membership organization -- National Disability Rights Network (NDRN), http://www.napas.org, is among the ten social service and voluntary organizations that will make up Katrina Aid Today. The consortium of ten agencies will share a $66 million federal grant for providing case management services to 100,000 families displaced by Gulf Coast hurricanes.

About the grant: United Methodist Committee on Relief (UMCOR), in cooperation with the National Voluntary Organization Active in Disaster (NVOAD) received US Government funding to develop a national Case Management Consortium (NCMS) to provide case management funding for people impacted by Hurricane Katrina still residing in the affected states and the evacuated across the nation. In an effort to foster long term recovery, the goal of the project is for Consortium members to recruit, hire and deploy case managers in a coordinated pattern across the US to reach the target of 100,000 cases requiring long term recovery assistance over a 2-year period. Funds are provided through FEMA from international contributions received for the recovery of Hurricane Katrina. The UMCOR\NVOAD proposal which was approved by FEMA is posted at www.katrinaaidtoday.org and www.nvoad.org for the interest of any prospective NCMC member organization.

Visit http://www.disasternews.net/news/news.php?articleid=2992 for more information.

NIDRR Director Tingus Announcement Releasing "Emergency Evacuation of People with Physical Disabilities from Buildings: 2004 Conference Proceedings"
NIDRR is pleased to make available the accessible version of the Emergency Evacuation of People with Physical Disabilities from Buildings: 2004 Conference Proceedings. This report summarizes the deliberations and recommendations of an Interagency Subcommittee on Technology workshop held October 13-14, 2004. The two-day workshop provided a forum for discussion on research recommendations to improve available data, building and life safety codes, evacuation technologies and evacuation practices for people with physical disabilities.

To obtain a PDF version of the final report and recommendations, click http://www.icdr.us/documents/pwd-emergency-evac.pdf.

For a WORD version of the final report and recommendations, click http://www.icdr.us/documents/pwd-emergency-evac.doc.

These links will direct you to information created and maintained by other public and private organizations. This information is provided for the reader's convenience. The U.S. Department of Education is not responsible for controlling or guaranteeing the accuracy, relevance, timeliness or completeness of this information. Further, the inclusion of information or addresses, or Web sites for particular items does not reflect their importance, nor is it intended to endorse any views expressed, or products or services offered.

Source: Steven Tingus, Director of the National Institute on Disability and Rehabilitation Research (NIDRR) in the Office of Special Education and Rehabilitative Services (OSERS) at the U.S. Department of Education. By email December 7, 2005.

RELEVANT UPCOMING EVENTS/MEETINGS

January 10, 2006: Meeting of the Interagency Coordinating Council Point of Contacts
The meeting, sponsored by the Department of Homeland Security's Office for Civil Rights and Civil Liberties, will take place from 9:30AM - 12:00PM at the Federal Communications Commission; 445 12th St., S.W., Room 3-B516. Agenda items include the Hurricane Katrina after-action report and next steps regarding the ICC Subcommittee recommendations and priorities set in year-one. If you have any questions about this meeting or to RSVP, please contact Megan Hogan either by telephone (202) 401-2569 or via email megan.hogan@associates.dhs.gov, no later than Friday, January 6, 2006.

January 11, 2006: Meeting of the Interagency Coordinating Council Research Subcommittee. Hubert Humphrey Building at HHS, 200 Independence Avenue, SW, Room 607-G from 3:00PM - 5:00PM.
The meeting is for Federal partners only. Beth Fuller of Columbia University will present research issues that came out of the recent Consensus Conference on Emergency Preparedness for Persons with Disabilities, (December 13-15 at the Watergate Hotel, Washington, DC). There will be discussion on funding for research in the area of emergency preparedness and disability, and the possibilities of other Federal agencies and departments co-funding such research will be explored. A comprehensive draft list of research needs in the area of emergency preparedness and disability will be reviewed and supplemented based upon feedback received and the research needs of individual Federal agencies and departments. If you have any questions please contact Cindy Ryan at ICDR@CESSI.NET.

January 17, 2006: Emergency Preparedness and Disabled American Veterans, Disabled Veterans National Headquarters, 807 Maine Avenue, S.W., Washington, D.C. from 9:30AM - 12:00PM
Outreach efforts spearheaded by Ollie Cantos, Department of Justice (Chair: ICC Technical Assistant/Outreach Subcommittee) and Cheryl King, Federal Communications Commission (Chair: ICC Emergency Communications Subcommittee) will culminate in a meeting on January 17th aimed at mobilizing the participation of, and outreach to, disabled veterans, their family members and caregivers on planning for emergency response and recovery. The collaborative dialogue began back in July 2005, following the participation of a representative from the Blinded Veterans of America in an ICC quarterly meeting.

Cheryl King stated, "We have this valuable opportunity to communicate with the people who represent 2.4 million American Legion members, 2.2 million plus Veterans of Foreign Wars (VFW) members, 1.8 million Disabled American Veterans, and 450,000 AMVET members. The other organizations vary from Blinded Veterans of America with 10,000 members up to 40,000 Paralyzed Veterans of America. Not only is this a readily available audience of persons with disabilities to whom we can provide technical assistance and outreach, these veterans will be excellent participants in emergency planning, response and recovery efforts in their communities, because as a result of their military training they will come to the table with a degree of organizational knowledge and experience that could be valuable at all stages of emergency planning, response and recovery."

The January 17th agenda is forth coming. For more information please contact Cheryl King at or Ollie Cantos at Ollie.Cantos@usdoj.gov.

January 17, 2006: ICC Technical Assistance/Outreach Subcommittee Meeting at the main headquarters of the Department of Justice, 950 Pennsylvania Avenue, NW, Room 5740
(note the change in room number from 5742 in the past). Meeting will commence at 2:00PM and the key agenda item will be next steps in implementing the recommendations in the year-one Report to the President.

January 19, 2006: Quarterly meeting of the National Citizen Corps Subcommittee on Individuals with Disabilities in Emergency Preparedness.
The meeting, sponsored by the Department of Homeland Security's Office for Civil Rights and Civil Liberties, will take place from 9:30AM - 12:00PM and will be held at the Paralyzed Veterans of America (PVA) offices, located at 801 18th Street, NW. PVA is conveniently located near the Farragut West (Orange and Blue lines) Metro Station. The meeting agenda be devoted primarily to discussion and input on the Hurricane Katrina Lessons Learned and Remedial Action report.

January 19, 2006: ICC Workplace Subcommittee Meeting at DOL/ODEP, from 1:00PM - 3:00PM
The agenda and supporting materials will be forthcoming.

TBA - Week of January 23, 2006: ICC Transportation Subcommittee Meeting at U.S. Department of Transportation headquarters
DOT and the Emergency Transportation Subcommittee recently announced that their priority for the upcoming months will be the development of guidance for transit agencies on addressing the needs of people with disabilities during an emergency.

February 9, 2006: National Citizen Corps Council Meeting in Washington, DC.
National Citizen Corps Council have reserved a full day meeting on February 9th focused on the National Council followed by a half day meeting on February 10th for Affiliates.

February 11-15, 2006: NEMA Mid-Year Conference, Alexandria, VA
This forum provides an opportunity for National Emergency Management Association (NEMA) conference participants to discuss challenges, share solutions, and network with peers. Speakers will include those involved in shaping the future of homeland security and emergency management. It is NEMA's goal to enhance the overall capabilities of emergency management to meet the challenge of any and all disasters facing our country. The conference will be held at the Hilton Alexandria Mark Plaza, Alexandria, VA. For more information and on-line registration, go to http://www.nemaweb.org.

April 10 - 14, 2006: 2006 National Hurricane Conference at the Rosen Center in Orlando, Florida The primary goal of the National Hurricane Conference is to improve hurricane preparedness, response and recovery in order to save lives and property in the United States and tropical islands of the Caribbean and Pacific. In addition, the conference serves as a national forum for federal, state and local officials to exchange ideas and recommend new policies to improve emergency management. Several members of the Interagency Coordinating Council will attend this conference and Daniel Sutherland has been invited to speak at one of the Plenary Session. For more information and registration please visit http://www.hurricanemeeting.com.