Recommendation: The Assistant Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements specific to public school facilities. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Assistant Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements in public school facilities in the context of safety and security. This may include leveraging recent, online federal initiatives on school safety and physical security. (Recommendation 2)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of OPM should routinely track and report retention data for employees with disabilities and make such data available to federal agencies, including EEOC, through a centralized web portal—such as MAX.gov. For example, OPM could track and report such data by General Schedule level pay groupings, which could help pinpoint root causes that contribute to retention rates, inform assessments of government-wide progress on employee retention, and identify needed improvements. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for assessing the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 2)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 3)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Administrator of SBA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 4)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Administrator of SBA should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 5)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of SSA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 6)

Agency: Social Security Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The FEMA Administrator should develop and publicize guidance for partners working to assist individuals who are older or have disabilities for requesting data and working with FEMA staff throughout the data sharing process to obtain Individual Assistance data, as appropriate. (Recommendation 1)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: DHS agreed with this recommendation and has plans to address it. Specifically, FEMA is developing new, enhanced templates, policies and guidance for field staff to facilitate data sharing with states and other partners. The agency also reported that it is expanding its Open FEMA datasets to provide more autonomous, self-service sharing of aggregated data to fulfill partner data needs when personally identifiable information data is not required. FEMA plans to publish data sharing guidelines on its web site by March 31, 2020 on how to obtain FEMA data to best service individuals who are older or have disabilities.

Recommendation: The FEMA Administrator should improve communication of registrants' disability-related information across FEMA programs, such as by developing an alert within survivor files that indicates an accommodation request. (Recommendation 3)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: FEMA disagreed with this recommendation, noting that it lacks specific funding to augment the legacy data systems that capture and communicate registration information. Also, FEMA began a long-term initiative in April 2017 to improve data management and exchange, and improve overall data quality and standardization. The agency expects the initiative to include the development of a modern, cloud-based data storage system with a data analytics platform that will allow analysts, decision makers, and stakeholders more ready access to FEMA data. After the completion of this initiative, FEMA expects that efforts to share and flag specific disability-related data will be much easier. Our recommendation, however, is not solely focused on system changes: other cost-effective ways may improve communication of registrants' disability-related information prior to implementing the system upgrades. For example, as noted in the report, FEMA officials handling different stages of the disaster assistance process may overlook disability-related needs recorded in the case file notes. FEMA could revise its guidance to remind program officials to review the notes to identify whether there is a record of any such needs. As FEMA moves ahead with its data improvement initiatives, we encourage it to consider and ultimately implement technology changes, such as developing an alert within files that indicates an accommodation request. Such improvements would be consistent with the recommendation and help improve communication across FEMA programs.

Recommendation: The FEMA Administrator should communicate to Regional Administrators and Regional Disability Integration Specialists a written plan for implementing its new disability integration staffing approach, consistent with the objectives established for disability integration. Such a plan should include an implementation timeline and details on staff responsibilities, which regions could use to evaluate staff performance. (Recommendation 5)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: DHS agreed with this recommendation, reporting that it is developing a project plan to implement the proposed staffing approach in the Regions. The plan will include implementation timelines, detailed roles and responsibilities for the proposed Disability Integration Advisor positions, a force structure for each Region, and recommendations to the Regional Administrator to establish performance metrics for the new positions that support the overall approach to disability integration. The plan will be presented to the Administrator for review and concurrence in 2019.

Recommendation: The FEMA Administrator should develop a plan for delivering training to FEMA staff that promotes competency in disability awareness. The plan should include milestones and performance measures, and outline how performance will be monitored. (Recommendation 6)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: FEMA agreed with this recommendation and has plans to improve disability competencies among FEMA staff, but it does not include training. Specifically, FEMA is developing a plan to include a disability integration competency in the position task books for all deployable staff, rather than through training. Position task books outline the required activities, tasks, and behaviors for each job, and serve as a record for task completion. The plan will also include a communications and outreach plan; milestones for measuring the effectiveness of the integration of this competency across the agency; and a monitoring plan and milestones to measure the overall integration of this competency across the deployable workforce. However, the plan doesn't cover how it will deliver training to promote competency in disability awareness among its staff, including milestones, performance measures, and how performance will be monitored.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine whether and what additional information and assistance VR agencies may find helpful regarding on-demand training, such as online videos, to employers on disability issues. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. Education recognized the importance of providing information and technical assistance to state VR agencies to help them serve employers, while stressing that it is a state matter how to best meet the training needs of employers. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine how to most effectively disseminate information about the circumstances in which individuals who are employed may be eligible for career advancement services. (Recommendation 2)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. The agency recognized the importance of expanding career advancement opportunities for individuals with disabilities in accordance with the Rehabilitation Act as amended by WIOA. At the same time, Education said it is up to states to determine how to most effectively disseminate information about their services. Education noted it will continue to work with state VR agencies to determine what additional information may be necessary about the circumstances in which individuals who are employed may be eligible for career advancement services. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to develop more complete information on when and how VR agencies should assess employment settings, including settings supported by the AbilityOne program, to determine if they meet the definition of competitive integrated employment. (Recommendation 3)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation. The agency stated that it is a state matter to determine whether an employment location qualifies as an "integrated setting" for the purpose of the VR program, and that it is not Education's role to inform states as to when and how to make such determinations. Nevertheless, Education said it will continue to work with the states to determine if additional information would help them assess employment locations. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should encourage local areas to clarify and document the roles and responsibilities of partner agencies in working with employers and provide sample language of how local areas may document roles and responsibilities in their MOUs. (Recommendation 4)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it believes that state workforce development agencies are in the best position to lead employer engagement efforts, but will continue to collaborate with other federal partners to provide technical assistance to states in this area, including examples of state- and local-level collaboration on employer engagement. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should, in setting the employer performance measurement approaches with DOL after the pilot is concluded, take into account VR agencies' concerns and key attributes of successful performance measures, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control. (Recommendation 5)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it will work with DOL to ensure that state VR agencies' concerns are considered when the performance measure for effectiveness in serving employers is finalized. The agency did not provide an update in FY19.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should encourage local areas to clarify and document the roles and responsibilities of partner agencies in working with employers and provide sample language of how local areas may document roles and responsibilities in their MOUs. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation, noting that local workforce boards and one-stop partners are in the best position to lead employer engagement, but that it will collaborate with federal partners in providing related technical assistance. In June 2019, DOL shared with GAO a local workforce area memorandum of understanding (MOU) that documents the workforce system partners' roles and responsibilities for engaging with employers. DOL has posted this MOU on its technical assistance web site, so it is available to other local workforce areas. However, in order to close the recommendation as implemented, GAO will need DOL to demonstrate that the agency has actively encouraged local workforce areas to document the roles and responsibilities of workforce partners--including the vocational rehabilitation program--for working with employers, through a Training and Employment Guidance Letter or other such guidance.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should, in setting the employer performance measurement approaches with Education after the pilot is concluded, take into account VR agencies' concerns and key attributes of successful performance measures, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and said it will coordinate with Education to ensure state VR agencies' concerns are considered in defining the performance measure. In June 2019, DOL told us the two agencies expected to complete their evaluation of the pilot performance measures for effectiveness in serving employers by June 30, 2020, and then make a final decision about which measures to put in place. DOL also said the two federal agencies are working to consider VR agencies' concerns during this pilot, and have developed a crosswalk to identify appropriate VR services that count towards this measure. For GAO to close this recommendation as implemented, DOL will have to demonstrate that the finalized performance measures have taken into account VR agencies' concerns, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control.

Recommendation: The Attorney General should study the implementation of federal accessibility requirements in the context of early in-person voting and make any changes to existing guidance that are determined to be necessary as a result of the study. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: The Department of Justice (DOJ) agreed with this recommendation and stated it would make any changes to existing guidance that it determines to be necessary as a result of the study. DOJ also outlined its efforts to enforce the protections for voters with disabilities found in federal law. As of October 2019, DOJ indicated that the agency planned to study these issues and has not made any changes to its guidance. We will consider closing this recommendation when the agency has completed these efforts.

Recommendation: To better ensure FEMA's regional activities effectively support individuals with disabilities, the Secretary of Homeland Security should direct the FEMA Administrator to take steps to establish written procedures for how regions should involve the Office of Disability Integration and Coordination in clarifying disability integration staff's roles, evaluating staff performance, and setting expectations for how staff communicate with headquarters and the regions.

Agency: Department of Homeland Security
Status: Open

Comments: FEMA agreed with this recommendation and FEMA's Office of Disability Integration and Coordination (ODIC) is in the process of establishing a working group that will clarify and codify the roles, responsibilities, and expectations among the various agency offices and personnel involved in carrying out the agency's disability integration mission. In January 2018, FEMA reported that it had created Regional Integration Teams in the regions to improve the efficiency and efficacy of mission delivery. In August 2018, ODIC reported its goal to meet with Regional Administrators and other senior leaders across the agency by the end of CY 2018 to refine the role for disability integration staff. The reported intent of refining the role is to better align it with the FEMA Administrator's goal of empowering emergency managers in states, localities, tribes, and territories. In June 2019, ODIC officials reported plans to convene a workgroup to examine the role of the Regional Disability Integration Specialist, including their reporting chain and their roles and responsibilities in each of FEMA's ten regions. The workgroup will meet over two months and develop recommendations to be considered by FEMA's Chief of Staff by August 23, 2019. GAO is encouraged by FEMA's efforts to engage Regional Administrators and other senior leaders in its refinement of the role of disability integration staff, and awaits evidence of FEMA establishing documentation of the agency's procedures for carrying out its disability integration mission.

Recommendation: To help ensure its key training on incorporating access and functional needs into emergency planning reaches a sufficiently wide audience, the Secretary should direct the FEMA Administrator to collect information about the potential pool of participants, set general goals for the number of state and local emergency managers that will take this course, and implement the delivery methods needed to meet these goals.

Agency: Department of Homeland Security
Status: Open

Comments: FEMA agreed with this recommendation and reported that it will work with its regional staff to map potential training participants in each state and set goals for delivery of the course to state and local emergency managers. The agency also reported that it may be able to use data in the State Preparedness Report and states' self-reporting on the need for training on integrating the needs of people with access and functional needs into emergency management. As of January 2018, the Office of Disability Integration and Coordination reported plans to hire a permanent staff person to review, assess, and recommend how FEMA should incorporate disability into all internal and external training. In August 2018, FEMA reported hiring a new Program and Policy Branch Chief in July 2018, and noted that this individual will formulate a plan to incorporate the needs of people with disabilities into internal and external training over several weeks. However, FEMA did not address whether this individual will seek information about the potential pool of external participants, or set goals for the number of state and local emergency managers who could participate in external training. FEMA also reported providing just-in-time training in the field to support field staff in providing services to people with disabilities. The agency anticipates completing these efforts by December 31, 2019 and we will consider closing this recommendation when the agency can document it has addressed the recommendation.

Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

Agency: Department of Labor
Status: Open

Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. In 2017, WHD reported that it will continue to monitor early implementation to determine the appropriate start for any evaluation and lay the groundwork for future assessment, including a plan for how to identify data that would inform such as an assessment. In 2018, WHD reported that it is too early in the implementation phase of the rule to conduct an evaluation of the rule's impact. The Department and WHD continue to engage with HHS to understand stakeholders' responses to the rule. WHD also continues to lay the groundwork for any future assessment by working to identify data sources that would inform such as an assessment.