[Ohio-Talk] Virtual Washington Seminar and Fact Sheets

[Eric Duffy]

Pasted below and attached, you will find the 2022 fact sheets. If you have trouble with the attachments the information is pasted in the body of this message. The fact sheets are also available on nfb.org <http://nfb.org/>

We are now all members of the Ohio virtual team. Our first training is to night in the Ohio Zoom Room beginning promptly at 7:00 PM.








	
ACCESS TECHNOLOGY AFFORDABILITY ACT 
(H.R. 431/S. 212)

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 notetaker 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 69.1 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 notetakers 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 69.1 percent of blind Americans who are either unemployed or underemployed, it is a vehicle that facilitates the job seeking process. Despite this critical need, 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—Access Technology Affordability Act (H.R. 431/S. 212):
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 the Access Technology Affordability Act 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.

Will increase federal income tax revenue. More blind Americans working means more people paying taxes. It also means that those blind Americans who obtain gainful employment through this tax credit will no longer need to draw from federal programs such as Supplemental Security Income or Social Security Disability Insurance and will instead be paying into the Social Security Program. 


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

Cosponsor the Access Technology Affordability Act (ATAA)

To cosponsor the ATAA in the House of Representatives (H.R. 431), contact:
Crozer Connor, Senior Legislative Assistant for Congressman Mike Thompson (D-CA) 
Phone: 202-225-3311, Email: crozer.connor at mail.house.gov

To cosponsor the ATAA in the Senate (S. 212), contact:
Ron Storhaug, Legislative Aide for Senator Ben Cardin (D-MD)
Phone: 202-224-4524, Email: Ron_Storhaug at sbc.senate.gov

For more information, contact:
Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind
Phone: 410-659-9314, extension 2206, Email: jkaloc at nfb.org, or visit www.nfb.org 



1 United States Census Bureau, American Community Survey. “The percentage of non-institutionalized persons aged 21-64 years with a visual disability in the United States who were employed full-time/full-year in 2018.” Compiled by Cornell University. https://www.disabilitystatistics.org/reports/acs.cfm?statistic=4 
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 
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 2020 Budget Request,” https://www2.ed.gov/about/overview/budget/budget20/justifications/i-rehab.pdf, p. I-50.










MEDICAL DEVICE NONVISUAL ACCESSIBILITY ACT (H.R. 4853)
Issue—Inaccessible digital interfaces prevent blind individuals from independently and safely operating medical devices that are essential to their daily healthcare needs.  

Medical devices with a digital interface are becoming more prevalent and less accessible for blind Americans. The rapid proliferation of advanced technology is undeniable. Most new models of medical devices, such as glucose and blood pressure monitors, along with the emergence of in-home devices that offer medical care options, such as chemotherapy treatments and dialysis, require consumers to interact with a digital display or other interfaces. This new technology has been and continues to be developed and deployed without nonvisual accessibility as an integral part of the design phase, which creates a modern-day barrier. The inaccessibility of these medical devices is not a mere inconvenience; if accessibility for blind consumers is omitted from the medical technology landscape, the health, safety, and independence of blind Americans will be in imminent danger.

Telehealth currently makes up 20 percent of all medical visits, and more healthcare providers are looking to expand telemedicine services.1 Unfortunately, these visits assume that a person has easy access to accessible medical devices in order to take their own vitals. As a result of inaccessibility, blind and low-vision Americans are at a distinct disadvantage when it comes to receiving the same virtual healthcare as their sighted counterparts. 

Nonvisual access is achievable, as demonstrated by a number of mainstream products. Apple has incorporated VoiceOver (a text-to-speech function) into all of their products, making iPhones, Macbooks and Mac desktops, and iPads fully accessible to blind people right out of the box. Virtually all ATMs manufactured in the United States are accessible, and every polling place is required to have a nonvisually accessible voting machine. Frequently, a simple audio output or vibrotactile feature can make a product accessible at little to no additional cost for manufacturers.

Current disability laws are not able to keep up with advancements due to the expeditious evolution of medical technology and its incorporation into medical devices. 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 the blind consumer’s right to access medical devices. The National Council on Disability concluded that accessibility standards lag behind the rapid pace of technology, which can interfere with technology access.2 This trend of inaccessibility will continue if accessibility solutions are ignored. Only a fraction of medical device manufacturers has incorporated nonvisual access standards into their product design, while others continue to resist these solutions.

Solution—Medical Device Nonvisual Accessibility Act (H.R. 4853):

Calls on the Food and Drug Administration (FDA) to promulgate nonvisual accessibility standards for Class II and Class III medical devices. The FDA will consult with stakeholders with disabilities and manufacturers and issue a notice of proposed rulemaking no later than twelve months after the date of enactment of the act. No later than 24 months after the date of enactment of the act, the FDA will publish the final rule including the nonvisual accessibility standards.

Requires manufacturers of Class II and Class III medical devices to make their products nonvisually accessible. Manufacturers will have twelve months following the publication of the final rule to ensure that all of the Class II and Class III medical devices they produce are nonvisually accessible. 

Authorizes the FDA to enforce the nonvisual access standards for Class II and Class III medical devices. Any manufactured device found to be out of compliance, whether by a public complaint to the FDA or by an independent FDA investigation, will be considered an adulterated product under the Federal Food, Drug, and Cosmetic Act.


GOAL—END UNEQUAL ACCESS TO MEDICAL DEVICES FOR BLIND AMERICANS.

Cosponsor the Medical Device Nonvisual Accessibility Act (H.R. 4853)

To cosponsor H.R. 4853 contact:
Gidget Benitez, Health Policy Counsel, Rep. Jan Schakowsky (D-IL-09)
Phone: 202-225-2111, Email: gidget.benitez at mail.house.gov 

For more information, contact:
Jesa Medders, National Federation of the Blind
Phone: 410-659-9314, extension 2207, Email: jmedders at nfb.org
www.nfb.org






1 See Center for Connected Medicine, Telehealth utilization settles in at 20% or less of medical appointments, available at https://connectedmed.com/resources/post-pandemic-telehealth-utilization-settles-in-at-20-or-less-of-medical-appointments/ 
2See 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


Transformation to Competitive Integrated Employment Act (H.R. 2373/S. 3238)

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) authorizes employers to pay workers with disabilities subminimum wages while they perform mundane tasks that do not transfer into skills necessary to transition to other employment options. This law only reinforces stigmatic misconceptions of people with disabilities 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. Today, only 39,386 people with disabilities continue to receive subminimum wages.  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. Additionally, ten states have passed legislation limiting or barring the payment of subminimum wages for people with disabilities. 

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. In 2016 a committee tasked by Congress to increase employment opportunities for people with disabilities also recommended the phase-out of Section 14(c). 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).” Furthermore, in September 2020, the US Commission on Civil Rights recommended that “Congress should repeal Section 14(c) with a planned phase-out period to allow transition among service providers and people with disabilities to alternative service models prioritizing competitive integrated employment.”

The Transformation to Competitive Integrated Employment Act (H.R. 2373/S. 3238):


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 people with disabilities. States that receive grants must establish an advisory committee that includes employers, organizations specializing in employment for people with disabilities, Medicaid agencies, AbilityOne contractors, people 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 people 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. Five years after enactment of the TCIEA, employers will no longer be permitted to pay workers with disabilities subminimum wages.


REMOVE ARTIFICIAL BARRIERS TO EMPLOYMENT OPPORTUNITIES.

Cosponsor the Transformation to Competitive Integrated Employment Act 


To cosponsor H.R. 2373 in the House of Representatives, contact:

Phoebe Ball, Disability Counsel, House Committee on Education and Labor 
Phone: 202-225-3725, Email: phoebe.ball at mail.house.gov 
or 
Kristin Flukey, Senior Legislative Assistant for Representative Cathy McMorris Rodgers (R-WA)    
Phone: 202-225-2006, Email: kristin.flukey at mail.house.gov

To cosponsor S. 3238 in the Senate, contact:
Michael Gamel-McCormick, Disability Policy Director, Senate Special Committee on Aging 
Phone: 202-224-4193, Email: Michael_Gamel-McCormick at aging.senate.gov 

   
For more information on the Transformation to Competitive Integrated Employment Act, contact:
Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind
Phone: 410-659-9314, extension 2206, Email: jkaloc at nfb.org






TWENTY-FIRST CENTURY WEBSITES & APPLICATIONS ACCESSIBILITY ACT
Issue—Websites are required by law to be accessible, but without implementing regulations, most businesses and retailers have little understanding of what accessible means.
Websites and mobile applications are an essential part of modern living. More than 313 million Americans use the internet, and 81 percent of Americans say that they access the internet at least once each day. The need to access websites and mobile applications doesn’t stop when it reaches Americans with disabilities. According to the American Community Survey, conducted by the United States Census Bureau, there are approximately forty million Americans who currently have a disability. Based on the numbers above, it is more than reasonable to assume that the vast majority of them are trying to use websites and mobile applications. 

The Department of Justice announced its intention to publish accessible website regulations more than a decade ago. On July 26, 2010, the twentieth anniversary of the passage of the Americans with Disabilities Act (ADA), the government published an advance notice of proposed rulemaking to address website accessibility. After that initial announcement, no further action was taken to substantially advance website accessibility. Without regulations in place, blind and disabled Americans are not reliably able to electronically access businesses, apply for jobs, and work at places due to the barriers created by inaccessible websites and mobile applications.

The past few years have seen a significant increase in the prevalence of so-called “click-by” lawsuits. Accessibility is readily achievable, but many businesses that are required by law to make their websites accessible claim to have no clear-cut definition of what “accessible” actually means. Meanwhile, people with disabilities must cope with inaccessible websites. ADA Title III lawsuits, which include website accessibility suits, hit record numbers in 2019, topping 11,000 for the first time. The number of lawsuits has been increasing steadily since 2013, when the figure was first tracked. Businesses yearn for a clear definition of accessibility standards and to be able to expand their potential customer pool to consumers they were not reaching before. 

Solution—Twenty-First Century Websites & Applications Accessibility Act will:

Direct the US Access Board to promulgate accessibility guidelines. The US Access Board will have six months following the enactment of the legislation to issue a notice of proposed rulemaking regarding website and mobile application accessibility, then an additional six months to issue the final rule. 

Promulgate guidelines that strive to harmonize with Section 508 standards. The Section 508 standards promulgated by the US Access Board on January 18, 2017, are established regulations for website and technology accessibility. Therefore, the guidelines promulgated by the Access Board should harmonize with these standards. 

Authorize the Department of Justice and the Equal Employment Opportunity Commission to investigate the accessibility of websites and mobile applications. Either of its own volition or via a logged complaint pertaining to inaccessibility, the Department of Justice and the Equal Employment Opportunity Commission will have the authority to investigate accessibility concerns and commence civil action if necessary. 

GOAL—END WEBSITE AND MOBILE APPLICATION INACCESSIBILITY
FOR BLIND AMERICANS.

Cosponsor the Twenty-First Century Websites & Applications Accessibility Act when introduced.

To cosponsor the Twenty-First Century Websites & Applications Accessibility Act in the Senate, contact:
Alisa Winchester, Legislative Correspondent for Senator Duckworth (D-IL)
Phone: 202-224-2854
Email: alisa_winchester at duckworth.senate.gov

For more information, contact:
Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind Phone: 410-659-9314, extension 2206
Email: jkaloc at nfb.org
www.nfb.org