[NFBNJ] Washington Seminar Issues

Fri Jan 11 01:14:29 UTC 2019

Greetings to all!
I wanted all on our distribution list to have the issues that will be 
presented at the Washington Seminar.
Upon our return, emails will be distributed featuring and outlining what is 
needed by our members.  Stay tuned!

The NFBNJ delegation consists of the following:
Ryan Stevens, Joe Ruffalo, Anthony Lanzilotti, Brian Keene, Carol 
Castellano, Serena Cucco, Linda Melendez, Annemarie Cooke, Veronica Gaspa, 
Ida Behreini, Richard Fox, Debbie Bloomer,
Dan Facchini, Rosa Santiago, Connor Mullin

Each voice will be heard as we continue to make a difference!

Warmly,
Joe

We care. We share. We grow. We make a difference
Joe Ruffalo, President
National Federation of the Blind of New Jersey
973 743 0075
nfbnj1 at verizon.net
www.nfbnj.org
Raising Expectations To Live The Life You Want!
Your old car keys can be keys to literacy for the blind.
Donate your unwanted vehicle to us by clicking
www.carshelpingtheblind.org
or call 855 659 9314

***

Washington Seminar Issues 2019

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 71percent 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

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: keacobacci at nfb.org <mailto:keacobacci at nfb.org>

  _____

[1] See 2016 American Community Survey, www.disabilitystatistics.org

<http://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 www.disabilitystatistics.org

<http://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.

[4] Assistive Technology Industry Associates, “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-rehabpd

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.

***

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 enforce 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 enforce consumer protection matters,

the FTC will investigate and enforce 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: sflynt at nfb.org <mailto:sflynt at nfb.org>

  _____

[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.

[2] See Id.

[3] See Id.

***

Disability Employment Act

Issue—An outdated approach to employment fails to adequately equip workers

with disabilities for the challenges of the twenty-first century.

The Javits-Wagner-O’Day Act (JWOD) is a well-intentioned but obsolete law

intended to provide employment for people with disabilities through

specialized government contracts.

Enacted in 1938, the Wagner-O’Day Act required that government agencies

prioritize the procurement of products produced by blind people. In 1971 the

program was expanded to become the Javits-Wagner-O’Day Act,[1] and to

include nonprofit agencies employing persons who are blind or have other

severe disabilities.[2],[3] While the originally intended goals of the

program are noble, the current structure falls short of those ideals by

failing to equip workers with the necessary skillsets to compete in the

twenty-first century workforce.

The work experience provided by the AbilityOne Program does not utilize or

teach the skills required for today’s fast-paced digital work environment.

Many workers with disabilities employed under the AbilityOne Program are

assigned menial, repetitive tasks, which do nothing to equip them with the

skills needed to succeed and advance in a modern workplace. As a result,

many of these individuals find themselves trapped in these jobs for years,

if not decades, with no real hope to advance or find new employment

opportunities elsewhere.

The AbilityOne Program thrives on specialized contracts while at the same

time paying employees with disabilities subminimum wages.

Section 14(c) of the Fair Labor Standards Act,[4] passed in 1938, authorizes

the Secretary of Labor to issue Special Wage Certificates to certain

entities, permitting them to pay workers with disabilities subminimum wages.

The vast majority of 14(c)-certificate-holding entities are nonprofit

“sheltered workshops” (segregated work environments)[5] that pay over

300,000 workers with disabilities,[6] some as little as pennies per hour.[7]

Additionally, the failure of the AbilityOne Commission to adequately manage

its own financial resources[8] and display an appropriate level of

transparency[9] has eroded public confidence in the program.

AbilityOne sheltered workshops create a segregated work environment that is

antithetical to competitive integrated employment.

The current structure requires that the majority of the work performed on

AbilityOne contracts is carried out by employees with disabilities at

specialized nonprofits.[10] These specialized nonprofits create an

artificially inclusive work environment. Additionally, the current structure

incentivizes excluding workers with disabilities from advancement to

administrative, managerial, or supervisory positions.[11] This results in

people with disabilities stagnating in the same job for years or decades

without creating opportunities for advancement to employers outside the

program. This model also fails by not sharing best practices to employers

outside the program in order to broaden its impact.

Solution—The Disability Employment Act:

Will expand bidding opportunities within the program.

The Disability Employment Act will allow for-profit as well as nonprofit

entities to bid on contracts through a newly created commission.

Will ensure that workers earn at least the prevailing wage.

The bill will prohibit the use of 14(c) certificates and will require

employers to pay workers with disabilities at least the minimum wage, or if

greater, the prevailing wage.

Will equip employers with the necessary tools and supports to integrate

workers with disabilities.

The bill establishes an Employment Integration Trust Fund to assist

employers to meet reasonable accommodation requirements under Title I of the

Americans with Disabilities Act. Employers will have access to financial

assistance to ensure that the technology they use is accessible; to train

design, development, and manufacturing teams on best practices; and to

provide the necessary supports required by individuals with other severe

disabilities. This will improve disability employment practices across all

sectors of employment.

Will better integrate with the Randolph-Sheppard Program.

The bill will honor the Randolph-Sheppard Priority for all military dining

contracts, including cafeterias.

Will eliminate the conflicts of interest and lack of accountability in the

current program.

The bill will change the composition of the commission, restructure the way

the contracts are awarded, and create a trust fund to support the organic

integration of workers with disabilities into the mainstream workforce.

Goal—Increase and enhance employment opportunities for people with

disabilities. Sponsor the Disability Employment Act.

More Information

For more information on the Disability Employment Act, contact:

Gabe Cazares, Manager of Government Affairs, National Federation of the

Blind

Phone: 410-659-9314, extension 2206

Email: gcazares at nfb.org <mailto:gcazares at nfb.org>

  _____

[1] 41 U.S.C. § 8501 – 8506.

[2] 41 U.S.C. § 8501(6).

[3] 41 U.S.C. § 8501(7).

[4] 29 U.S.C. § 214(c)(1).

[5] United States Department of Labor. “Wage and Hour Division (WHD)

Community Rehabilitation Programs (CRPs) List.” Last modified July 1, 2018.

http://www.dol.gov/whd/specialemployment/CRPlist.htm.

[6] National Council on Disability. “From the New Deal to the Real Deal:

Joining the Industries of the Future.” October 11, 2018.

https://ncd.gov/publications/2018/new-deal-real-deal.

[7] See http://www.nfb.org/time.

[8] Office of Inspector General. Committee for Purchase from People who are

Blind or Severely Disabled, Independent Auditor’s Report and Financial

Statements for the Years Ended September 30, 2018 And 2017. November 15,

2018.

https://www.oversight.gov/report/cppbsd/audit-us-abilityone-commissions-fina

ncial-statements-fiscal-years-2018-and-2017.

[9] Id.

[10] 41 U.S.C. § 8501(6)(C).

[11] 41 U.S.C. § 8501(3)(B).

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