[NFBNJ] NFBNJ: TIME SENSITIVE: Town Hall Meeting with Congresswoman Mikie Sherrill on Monday, August 26th

Sat Aug 24 17:05:24 UTC 2019

>From the desk of NFBNJ President Joe Ruffalo.

Received from Amy Albin, Board Member, NJ Association of Blind Students.

Greetings to all,

Please review the following time sensitive message from Amy.

After Amy’s message is the text of each issue we want to present during
Monday’s town hall meeting.

If you are planning to attend, please make your Access Link ride
arrangements as soon as possible.

Amy’s message follows.

Hello, All,

Here’s how you can make a difference in the lives of blind people THIS
COMING MONDAY August 26!

If you’re a constituent of New Jersey’s Federal District 11, please consider
coming to the town hall meeting of Representative Mikie Sherrill and ask her
to cosponsor three bills that will allow blind people to achieve greater
independence! I went to her meeting in Verona last week, and I actually got
to speak to the congresswoman in person! Remember, the more people who ask
for her support, the greater impact we make!

Here is info about each bill. We are interested in the H.R. numbers as they
are the House bills.

H.R. 2086: Access Technology Affordability Act

https://nfb.org/programs-services/advocacy/legislative-agenda/access-technol
ogy-affordability-act

H.R. 3929: Greater Accessibility and Independence through Nonvisual Access
Technology Act

https://nfb.org/programs-services/advocacy/legislative-agenda/greater-access
ibility-and-independence-through

H.R. 873: Transformation to Competitive Employment Act

https://nfb.org/programs-services/advocacy/legislative-agenda/transformation
-competitive-employment-act

Here is the info on the upcoming meeting!

Monday, August 26, 2019

5 PM – 6 PM

130 Kinnelon Rd.

Kinnelon, New Jersey 07405

Thanks so much for looking this over and considering attending the meeting.
Remember, you can make a difference in the lives of blind people!

***

Access Technology Affordability Act

Issue—The cost of critically needed access technology is out of reach for
most blind Americans.

The high cost of access technology creates a difficult economic reality.

Most access technology ranges from $1,000 to $6,000. For example, a leading
screen reader is $900, a popular Braille note taker is $5,495, one model of
a refreshable Braille display is $2,795, and a moderately priced Braille
embosser is $3,695. According to the United States Census Bureau 71 percent
of blind Americans are either unemployed or underemployed.[1] Consequently,
most blind Americans do not have sufficient financial resources needed to
purchase these items.[2] These financial barriers can ultimately lead to a
loss of employment, insufficient education, or even isolation from community
activities.

Medical insurance will not cover the cost of access technology.

Current definitions of "medical care," "medical necessity," and "durable
medical equipment" within common insurance policies do not include access
technology. These definitions were adopted in the 1960s “when medical care
was viewed primarily as curative and palliative, with little or no
consideration given to increasing an individual's functional status.”[3]
Many states’ Medicaid programs and individual health insurance plans have
adopted similar definitions and likewise will not cover the cost of access
technology.[4]

Access technology enables blind Americans to participate in today’s
workforce.

Blindness is well-defined and measurable,[5] but affects each person
differently and at different ages. Since individuals’ needs differ,
manufacturers have designed various tools that enable each blind American to
perform tasks that they were once unable to accomplish themselves due to
their blindness. Braille note takers are frequently used in schools, screen
reading software allows workers to check their email at home, and screen
magnification software can help seniors losing vision learn about community
activities. Access technology equips blind Americans to seek employment and
stay employed. For the 71 percent of blind Americans who are either
unemployed or underemployed, it is a vehicle that facilitates the job
seeking process. Despite this critical need however, public and private
entities struggle to meet consumer demand.[6] This leads to untimely delays
in the delivery of necessary technology and ultimately harms the blind
consumer.

Solution—The Access Technology Affordability Act:

Makes access technology more affordable so that blind Americans can procure
these items for themselves.

It establishes a refundable tax credit for blind Americans in the amount of
$2,000 to be used over a three-year period to offset the cost of access
technology. The credit created by ATAA will sunset after five years, and
will be indexed for inflation.

Provides flexibility for individuals to obtain access technology based upon
their specific needs.

Accessibility requires an individualized assessment of one’s own skills and
needs. Therefore, blind Americans should be given the opportunity to procure
access technology on their own to ensure that they are receiving the tools
that are most useful for them.

Historically, Congress has implemented tax incentives (e.g., Disabled Access
Credit) for business owners required to make accommodations, including
access technology, for employees and patrons with disabilities.

Even though Congress created these tax incentives to increase accessibility
in the community, these incentives are underutilized.[7] Meanwhile, blind
Americans primarily depend on public and private entities to procure access
technology for them.

Goal—Improve affordability of critically needed access technology necessary
for employment and independent living. 

More Information

To cosponsor H.R. 2086 in the House of Representatives, contact:

Miriam Wheatley, Senior Counsel, Tax and Economic Policy for Congressman
Mike Thompson (D-CA)
Phone: 202-225-3311
Email:  <mailto:miriam.wheatley at mail.house.gov>
miriam.wheatley at mail.house.gov

To cosponsor S. 815 in the Senate, contact:

Ryan Losak, Legislative Aide for Senator John Boozman (R-AR)
Phone: 202-224-4843
Email:  <mailto:ryan_losak at boozman.senate.gov> Ryan_Losak at boozman.senate.gov

For more information on the Access Technology Affordability Act, contact:

Kimie Eacobacci, Government Affairs Specialist, National Federation of the
Blind
Phone: 410-659-9314, extension 2441
Email:  <mailto:keacobacci at nfb.org> keacobacci at nfb.org

Learn more about the
<https://nfb.org/programs-services/advocacy/legislative-agenda> National
Federation of the Blind's 2019 legislative agenda. 

References

[1] See 2016 American Community Survey,
<https://nfb.org/programs-services/advocacy/legislative-agenda/www.disabilit
ystatistics.org> www.disabilitystatistics.org.

[2] Erickson, W., Lee, C., von Schrader, S. (2016). "Disability Statistics
from the 2014 American Community Survey (ACS)." Ithaca, NY: Cornell
University Employment and Disability Institute (EDI). Retrieved November 11,
2016, from
<https://nfb.org/programs-services/advocacy/legislative-agenda/www.disabilit
ystatistics.org> www.disabilitystatistics.org.

[3] National Council on Disability, “Federal Policy Barriers to Assistive
Technology,” (May 31, 2000) 8,
<http://www.ncd.gov/rawmedia_repository/c9e48e89_261b_4dda_bc74_203d5915519f
.pdf>
http://www.ncd.gov/rawmedia_repository/c9e48e89_261b_4dda_bc74_203d5915519f.
pdf.

[4] Assistive Technology Industry Associates, “AT Resources Funding Guide,”
<https://www.atia.org/at-resources/what-is-at/resources-funding-guide/>
https://www.atia.org/at-resources/what-is-at/resources-funding-guide/ (last
accessed December 10, 2018).

[5] See 26 U.S.C § 63(f)(4).

[6] See e.g. Department of Education, Rehabilitation Services and Disability
Research, “Fiscal Year 2019 Budget Request,”
<https://www2.ed.gov/about/overview/budget/budget19/justifications/i-rehab.p
df>
https://www2.ed.gov/about/overview/budget/budget19/justifications/i-rehab.pd
f, p. I-63.

[7] U.S. Gen. Accounting Office, Business Tax Incentives: Incentives to
Employ Workers with Disabilities Receive Limited use and have an Uncertain
Impact 1, at 14, (Dec. 12, 2002)
<http://www.unclefed.com/GAOReports/d0339_sum.pdf>
http://www.unclefed.com/GAOReports/d0339_sum.pdf.

***

Greater Accessibility and Independence through Nonvisual Access Technology
Act

Issue—Advanced digital interfaces create barriers that prevent blind
individuals from independently operating essential devices that enhance
quality of life.

Home use medical devices, home appliances, and fitness equipment are
becoming less and less accessible for blind Americans.

The rapid proliferation of advanced technology is undeniable. Most new
stoves, glucose monitors, and treadmills now require that consumers interact
with a digital display, flat panels, and other user interfaces. This new
technology is inaccessible to blind individuals and creates a modern-day
barrier. Inaccessibility is not a mere inconvenience; it can threaten the
safety, health, and independence of blind Americans. Advancements in
technology have the potential to transform how people live in a society but
are designed for those with no functional limitations.[1] This flaw in
product design limits options for blind Americans who need nonvisual access
to important devices that are available to people without disabilities.[2]

Nonvisual access is achievable, as demonstrated by a number of mainstream
products.

Apple has incorporated VoiceOver (a text-to-speech function) into its
touch-screen products, making the iPhone, iPod, and iPad fully accessible to
blind people right out of the box. Virtually all ATMs manufactured in the
United States are accessible, and every polling place provides a nonvisually
accessible voting machine. Frequently, a simple audio output or vibrotactile
feature can make a product fully accessible at minimal cost.

Current disability laws are not able to keep up with advancements in
technology.

Although the Americans with Disabilities Act and other laws require physical
accessibility for people with disabilities (e.g., wheelchair ramps, Braille
in public buildings), no laws protect blind consumers’ right to access
technology such as home use medical devices, home appliances, or fitness
equipment. The National Council on Disability concluded that accessibility
standards lag behind the rapid pace of technology, which can interfere with
technology access.[3] This trend of inaccessibility will continue if
accessibility solutions are ignored. Only a fraction of manufacturers have
incorporated nonvisual access standards into their product design while
others continue to resist these solutions.

Solution—The Greater Accessibility and Independence through Nonvisual Access
Technology Act:

Calls on the Access Board to conduct a nonvisual access standard review.

The Access Board (an independent federal agency and leading source of
information on accessible design) will review the current marketplace,
consult with stakeholders and manufacturers, and will issue a report with
findings and recommendations for a minimum nonvisual access standard for
home use medical devices, home appliances, and fitness equipment.

Establishes a minimum nonvisual access standard for home use medical
devices, home appliances, and fitness equipment.

Six months after the Access Board publishes the above-mentioned report, the
Board will begin a rulemaking period, not to exceed 36 months, to establish
a minimum nonvisual access standard for home use medical devices, home
appliances, and fitness equipment. The final standard will go into effect
three years after the final rule.

Authorizes the Food and Drug Administration (FDA) to enforce the nonvisual
access standards for home use medical devices.

Under its authority to ensure the safety, efficacy, and security of medical
devices, the FDA will investigate and prosecute violations of manufacturers
who fail to comply with the standard.

Authorizes the Federal Trade Commission (FTC) to enforce the nonvisual
accessibility standards for home appliances and fitness equipment.

Under its authority to investigate and prosecute consumer protection
matters, the FTC will investigate and prosecute violations of manufacturers
who fail to comply with the standard.

Goal—End the digital divide for blind Americans. Sponsor the Greater
Accessibility and Independence through Nonvisual Access Technology Act.

More Information

For more information on the Greater Accessibility and Independence through
Nonvisual Access Technology Act, contact:

Stephanie Flynt, Government Affairs Specialist, National Federation of the
Blind
Phone: 410-659-9314, extension 2210
Email:  <mailto:sflynt at nfb.org> sflynt at nfb.org

Learn more about the
<https://nfb.org/programs-services/advocacy/legislative-agenda> National
Federation of the Blind's 2019 legislative agenda. 

References

[1] See National Council on Disabilities, National Disability Policy
Progress Report: Technology that enables access to the full opportunities of
citizenship under the Constitution is a right at 19 (October 7, 2016),
available at
<https://ncd.gov/progressreport/2016/progress-report-october-2016>
https://ncd.gov/progressreport/2016/progress-report-october-2016.

[2] See Id.

[3] See Id.

***

Transformation to Competitive Employment Act

Issue—Promote competitive, integrated employment for people with
disabilities.

Section 14(c) of the Fair Labor Standards Act allows employers to
discriminate against people with disabilities.

Passed in 1938, Section 14(c)[1] authorizes employers to pay workers with
disabilities subminimum wages while they perform mundane tasks that do not
transfer into skills necessary to transition into other employment options.
This law only reinforces the stigmatic misconception that people with
disabilities are less capable and creates an artificial barrier to future
employment opportunities.

The misconception that the elimination of 14(c) will displace workers with
disabilities is based on speculation and rhetoric.

A growing number of employers have already stopped relying on Section 14(c)
and have voluntarily withdrawn their certificates. In 2011, 420,000 people
with disabilities were paid subminimum wages under the 14(c) program.[2]
Today, only 157,157 people with disabilities continue to receive subminimum
wages.[3] During that same time period (2011-2017) the employment rate for
people with disabilities has steadily increased every year from 33.4 percent
to 37.3 percent.[4]

Bipartisan consensus supports the phase out of Section 14(c).

The Republican and Democratic parties’ 2016 platforms both called for an end
to subminimum wages for people with disabilities.[5] In 2016, a committee
tasked by Congress to increase employment opportunities for people with
disabilities also recommended the phase-out of Section 14(c).[6] In
addition, in an October 2018 report the National Council on Disability, an
independent federal agency charged with advising Congress, recommended “the
phase out of Section 14(c).”[7] 

Solution—The Transformation to Competitive Employment Act:

Discontinues the issuance of new Special Wage Certificates.

The Secretary of Labor will no longer issue Special Wage Certificates to new
applicants.

Creates a grant program for states and individual 14(c) certificate holders
to assist with their transition to competitive, integrated employment.

This grant program will be available to all states and individual 14(c)
certificate holders who transition their business models to support
competitive, integrated employment for individuals with disabilities. States
that receive grants must establish an advisory committee that includes
employers, organizations specializing in employment for individuals with
disabilities, Medicaid agencies, AbilityOne contractors, individuals with
disabilities, and vocational rehabilitation agencies.

Creates a technical assistance center to support all 14(c) holders in their
transition to competitive integrated employment.

Under the Department of Labor, the technical assistance center will
disseminate information about best practices to facilitate transition of
entities to competitive, integrated employment.

Requires reporting and evaluation of the progress of creating and expanding
support for workers with disabilities.

States and 14(c) certificate holders will be required to report on their
grant activities, evaluate changes in employment for individuals with
disabilities, report average wage information, and evaluate employer actions
taken to comply with the phase out of 14(c).

Sunsets Section 14(c) of the Fair Labor Standards Act.

Six years after enactment of the TCE Act, employers will no longer be
permitted to pay workers with disabilities subminimum wages.

Goal—Remove artificial barriers to employment opportunities. Cosponsor the
Transformation to Competitive Employment Act.

More Information

To cosponsor H.R. 873 in the House of Representatives, contact:

Katherine McClelland, Professional Staff, House Committee on Education and
Labor
Phone: 202-225-3725
Email:  <mailto:katherine.mcclelland at mail.house.gov>
katherine.mcclelland at mail.house.gov 
or 
Matt Neighbors, Legislative Counsel for Representative Cathy McMorris
Rodgers (R-WA)    
Phone: 202-225-2006
Email:  <mailto:matt.neighbors at mail.house.gov> matt.neighbors at mail.house.gov

To cosponsor S. 260 in the Senate, contact:

Michael Gamel-McCormick, Disability Policy Director, Senate Special
Committee on Aging
Phone: 202-224-0185
Email:  <mailto:michael_gamel-mccormick at aging.senate.gov>
michael_gamel-mccormick at aging.senate.gov

For more information on the Transformation to Competitive Employment Act,
contact:

Kimie Eacobacci, Government Affairs Specialist, National Federation of the
Blind
Phone: 410-659-9314, extension 2441
Email:  <mailto:keacobacci at nfb.org> keacobacci at nfb.org

Learn more about the
<https://nfb.org/programs-services/advocacy/legislative-agenda> National
Federation of the Blind's 2019 legislative agenda. 

References

[1] 29 U.S.C. § 214(c)(1).

[2] National Council on Disability, “Report on Subminimum Wage and Supported
Employment,” (August 23, 2012),
<http://www.ncd.gov/sites/default/files/NCD_Sub%20Wage.pdf>
http://www.ncd.gov/sites/default/files/NCD_Sub%20Wage.pdf.

[3] U.S. Department of Labor, Wage and Hour Division, Certificate Holders,
(July 1, 2018),  <https://www.dol.gov/whd/specialemployment/>
https://www.dol.gov/whd/specialemployment/.

[4] United States Census Bureau, “The percentage of non-institutionalized,
male or female, with a disability, ages 21-64, all races, regardless of
ethnicity, with all education levels in the United States who were employed
[2011-2017].”
<http://www.disabilitystatistics.org/reports/acs.cfm?statistic=2>
http://www.disabilitystatistics.org/reports/acs.cfm?statistic=2. 

[5] The 2016 Republican Party platform stated, "Our TIME Act
(Transition[ing] to Integrated and Meaningful Employment) will modernize the
Fair Labor Standards Act." The 2016 Democratic Party platform stated, "We 

support 
 ending the sub-minimum wage for 
 people with disabilities."

[6] Advisory Committee on Increasing Competitive Integrated Employment for
Individuals with Disabilities. “Final Report,” (September 15, 2015),
<http://www.dol.gov/odep/pdf/20150808.pdf>
http://www.dol.gov/odep/pdf/20150808.pdf.

[7] National Council on Disability, “National Disability Employment Policy –
>From the New Deal to the Raw Deal: Joining the Industries of the Future,”
(October 11, 2018),
<https://ncd.gov/sites/default/files/Documents/NCD_Deal_Report_508.pdf>
https://ncd.gov/sites/default/files/Documents/NCD_Deal_Report_508.pdf.

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