[NFBNJ] Legislative Agenda for the Washington Seminar

Mon Jan 21 23:31:41 UTC 2019

Greetings to all! 

Please review the following issues we will be presenting next week in
Washington. 

Joe 

** 

Legislative Agenda of Blind Americans

PRIORITIES FOR THE 116TH CONGRESS, FIRST SESSION

The National Federation of the Blind is a community of members and friends
who believe in the hopes and dreams of the nation’s blind. Every day we work
together to help blind people live the lives we want.

*	The Access Technology Affordability Act (ATAA)

The cost of critically needed access technology is out of reach for most
blind Americans. By providing a refundable tax credit for qualifying
purchases, Congress will stimulate individual procurement of this technology
and promote affordability of these tools.

*	The Greater Accessibility and Independence through Nonvisual Access
Technology (GAIN) Act

Advanced digital interfaces create barriers that prevent blind individuals
from independently operating essential devices that enhance quality of life.
Congress must end the digital divide that threatens the independence of
blind Americans by developing minimum accessibility requirements for such
devices.

*	The Disability Employment Act (DEA)

An outdated approach to employment fails to adequately equip workers with
disabilities for the challenges of the twenty-first century. The Disability
Employment Act will spur innovation that will increase and enhance modern
employment opportunities for people with disabilities.

These priorities will remove obstacles to education, employment, and
independent living. We urge Congress to support our legislative initiatives.

Find us on social media:

 National Federation of the Blind   |   @NFB_Voice   |   @nfb_voice

Access Technology Affordability Act 

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.[i] Consequently,
most blind Americans do not have sufficient financial resources needed to
purchase these items.[ii] 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.”[iii]
Many states’ Medicaid programs and individual health insurance plans have
adopted similar definitions and likewise will not cover the cost of access
technology.[iv]

Access technology enables blind Americans to participate in today’s
workforce. Blindness is well-defined and measurable,[v] 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.[vi] This leads to untimely delays
in the delivery of necessary technology and ultimately harms the blind
consumer. 

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.[vii] Meanwhile, blind
Americans primarily depend on public and private entities to procure access
technology for them.

IMPROVE AFFORDABILITY OF CRITICALLY NEEDED ACCESS TECHNOLOGY NECESSARY FOR
EMPLOYMENT AND INDEPENDENT LIVING. 

For more information, contact:

Kimie Eacobacci, Government Affairs Specialist, National Federation of the
Blind

Phone: 410-659-9314, extension 2441

Email: keacobacci at nfb.org

For more information visit  <http://www.nfb.org> www.nfb.org 

Disability Employment Act 

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,[viii] and to include nonprofit agencies employing
persons who are blind or have other severe disabilities.[ix],[x] 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,[xi] 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)[xii] that pay over 300,000 workers with
disabilities,[xiii] some as little as pennies per hour.[xiv] Additionally,
the failure of the AbilityOne Commission to adequately manage its own
financial resources[xv] and display an appropriate level of
transparency[xvi] 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.[xvii]
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.[xviii] 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.

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. 

INCREASE AND ENHANCE EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH DISABILITIES.

Sponsor the Disability Employment Act.

For more information, contact:

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

Phone: 410-659-9314, extension 2206

Email: gcazares at nfb.org

For more information visit  <http://www.nfb.org> www.nfb.org 

Greater Accessibility and Independence through Nonvisual Access Technology
(GAIN) Act

ADVANCED digital interfaces create barriersthat 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.[xix] This flaw in product design
limits options for blind Americans who need nonvisual access to important
devices that are available to people without disabilities.[xx]  

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.[xxi] 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. 

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

END THE DIGITAL DIVIDE FOR BLIND AMERICANS.

Sponsor the Greater Accessibility and Independence 

through Nonvisual Access Technology Act.

For more information, contact:

Stephanie Flynt, Government Affairs Specialist, National Federation of the
Blind

Phone: 410-659-9314, extension 2210 

Email:  <mailto:Keacobacci at nfb.org> sflynt at nfb.org

For more information visit www.nfb.org 

  _____  

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

[ii] 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> .

[iii] 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.

[iv] 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).

[v] See 26 U.S.C § 63(f)(4).

[vi] 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.pd
f, p. I-63.

[vii] 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.

[viii] 41 U.S.C. § 8501 – 8506.

[ix] 41 U.S.C. § 8501(6).

[x] 41 U.S.C. § 8501(7).

[xi] 29 U.S.C. § 214(c)(1).

[xii] 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. 

[xiii] 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. 

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

[xv] 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. 

[xvi] Id. 

[xvii] 41 U.S.C. § 8501(6)(C).

[xviii] 41 U.S.C. § 8501(3)(B).

[xix] 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

[xx] See Id.

[xxi] See Id. 

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