[nfb-talk] Fw: Legislative Agenda of Blind Americans:

[Kenneth Chrane]

----- Original Message ----- 
From: Republic Questions 
To: 'Kenneth Chrane' 
Sent: Monday, December 13, 2010 12:06 AM
Subject: RE: Legislative Agenda of Blind Americans:


Dear Kenneth,

 

Thank you for sharing your agenda for the 111th Congress.  As you know we are re inhabiting the Republic and do not share the same values, vision nor goals of the current de facto federal corporation that runs things.

 

I wish you every success in making headway with the 111th Congress, but it is not a shared goal for what we are about.  I don’t honestly know how the interests of Blind Americans will be served in the Republic for the united States; I just know that the principles of freedom and liberty will be championed for all; and the milking of the wealth of the people by the power elite will cease.

 

Blessings.

 

Robert A Zuluaga

 


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From: Kenneth Chrane [mailto:kenneth.chrane at verizon.net] 
Sent: Sunday, December 12, 2010 6:42 PM
To: Republic Questions
Subject: Legislative Agenda of Blind Americans:

 

Legislative Agenda of Blind Americans:

Priorities for the 111th Congress, SECOND Session

　

　

　

　

The National Federation of the Blind (NFB) is the oldest and

largest organization of blind people in the United States. As the Voice of

the Nation's Blind, we represent the collective views of blind people

throughout society. All of our leaders and the vast majority of our members

are blind, but anyone can participate in our movement. There are an

estimated 1.3 million blind people in the United States, and every year

approximately 75,000 Americans become blind. The social and economic

consequences of blindness affect not only blind people, but also our

families, our friends, and our coworkers.

　

　

Three legislative initiatives demand the immediate attention of

the 111th Congress in its second session:

1. We urge Congress to ensure the safety of blind and other pedestrians

by passing the Pedestrian Safety Enhancement Act. This legislation would

require the U.S. Secretary of Transportation to:

・ begin a study within ninety days of its enactment to determine the

most practical means of assuring that blind and other pedestrians receive

essentially similar information to that which they now receive from sound

emitted by internal combustion engines;

・ determine the minimum amount of sound necessary to offer sufficient

information for blind pedestrians to make safe travel judgments, based on

appropriate scientific research and consultation with blind Americans and

other affected groups;

・ within two years of beginning the study, promulgate a motor vehicle

safety standard to address the needs of blind and other pedestrians by

requiring either a minimum level of sound or an equally effective means of

providing the same information as is available from hearing internal

combustion engines; and

・ apply the standard to all motor vehicles manufactured or sold in

the United States beginning no later than two years after the date it is

promulgated.

　

　

　

　

2. We urge Congress to work with blind Americans to create a Technology

Bill of Rights for the Blind that mandates that consumer electronics, home

appliances, kiosks, and electronic office technology provide user interfaces

that are accessible through nonvisual means. This legislation should:

　

　

・ mandate that all consumer electronics, home appliances, kiosks, and

electronic office technology be designed so that blind people can access the

same functions as sighted people through nonvisual means and with

substantially equivalent ease of use;

　

　

・ create a commission comprised of essential stakeholders to

establish standards for nonvisual accessibility of electronic devices

intended for use in the home or office;

　

　

・ endow the Department of Justice with the authority to enforce the

regulations promulgated by the commission established by this legislation;

and

　

　

・ authorize the commission to reexamine and rewrite standards

periodically as consumer electronic technology continues to evolve.

　

　

3. We urge Congress to promote and facilitate the transition by blind

Americans from recipients of Social Security Disability Insurance benefits

to income-earning, tax-paying, productive members of the American workforce

by enacting legislation to:

　

　

・ replace the monthly earnings penalty with a graduated three-for-one

phase-out (i.e., a $1 reduction in benefits for each $3 earned above the

limit);

　

　

・ replace the monthly earnings test with an annualized earnings test

in an amount equal to twelve times the Substantial Gainful Activity amount;

and

　

　

・ establish an impairment-related work expense deduction for blind

Social Security Disability Insurance beneficiaries equal to the amount

applicable for this deduction when determining an appropriate income subsidy

under Medicare Part D or 16.3 percent of earnings, whichever is greater.

　

　

　

　

　

　

For more information about these priorities, please consult the

attached fact sheets.

　

　

Blind Americans need your help to achieve our goals of economic

security, increased opportunity, and full integration into American society

on a basis of equality. Enactment of these legislative proposals will

represent important steps toward reaching these goals. We need the help and

support of each member of Congress. Our success benefits not only us, but

the whole of America as well. In this time of national economic insecurity,

these measures will contribute to increasing the tax base and encouraging

the purchase of consumer goods.

　

　

ENHANCING PEDESTRIAN SAFETY:

ENSURING THE BLIND CAN CONTINUE

TO TRAVEL SAFELY AND INDEPENDENTLY

　

　

　

　

Purpose: To enact the Pedestrian Safety Enhancement Act, which will

establish a motor vehicle safety standard to alert blind and other

pedestrians of the presence of silent hybrid and electric vehicles.

　

　

　

　

Background: Until recently independent travel for the blind has been a

relatively simple matter once a blind person has been trained in travel

techniques and has learned to use a white cane or to travel with a guide

dog. Blind people listen to the sound of automobile engines to determine

the direction, speed, and pattern of traffic. Sounds from traffic tell

blind pedestrians how many vehicles are near them and how fast they are

moving; whether the vehicles are accelerating or decelerating; and whether

the vehicles are traveling toward, away from, or parallel to them. With all

of this information blind people can accurately determine when it is safe to

advance into an intersection or across a driveway or parking lot. The

information obtained from listening to traffic sounds allows blind people to

travel with complete confidence and without assistance. Studies have shown

that sighted pedestrians also use auditory information when traveling.

　

　

Over the past few years, however, vehicles that are completely silent in

certain modes of operation have come on the market, and many more silent

vehicles are expected in the near future. These vehicles are designed to

have many benefits, including improved fuel efficiency and reduced

emissions, but they do not need to be silent in order to achieve these

intended benefits. An unintended consequence of these vehicles as they are

currently designed is that they endanger the safety, not only of blind

people, but also of small children, seniors, cyclists, and runners.

　

　

　

　

Need for Congressional Action: For several years the National Federation of

the Blind has been concerned about the proliferation of silent vehicles.

These concerns were validated by a recent report from the National Highway

Traffic Safety Administration, which concluded that at low speeds hybrid and

electric vehicles are twice as likely to be involved in accidents with

pedestrians as vehicles with internal combustion engines. Recently

automobile manufacturers have acknowledged the dangers posed to blind

pedestrians by silent-vehicle technology and have begun to work with the

National Federation of the Blind to craft solutions. While participation

from some manufacturers is an important first step, many others continue to

take a wait-and-see approach on this important issue. Congress must

therefore direct the Department of Transportation to take action. It is

crucial that this problem be addressed before the inevitable avalanche of

tragedies involving blind people (including newly blinded veterans), small

children, seniors, cyclists, and runners shocks the nation.

　

　

　

　

Proposed Legislation: The Pedestrian Safety Enhancement Act (H.R. 734 and

S. 841) was introduced by Congressmen Towns and Stearns in the House and by

Senators Kerry and Specter in the Senate. This legislation directs the

secretary of transportation to conduct a study and establish a motor vehicle

safety standard that provides a means of alerting blind and other

pedestrians of motor vehicle operation based on appropriate scientific

research and consultation with blind Americans and other affected groups.

This national motor vehicle safety standard must have the following

characteristics:

a.. In all phases of operation (including times when the vehicle is at a

full stop), pedestrians must be able to identify vehicles by nonvisual

means.

b.. The motor vehicle safety standard must also provide pedestrians with

the range of information that is currently provided by combustion engines,

including whether the vehicle is idling, maintaining a constant speed,

accelerating, or decelerating.

The standard need not prescribe the apparatus, technology, or method to be

used by vehicle manufacturers to achieve the required safety standard. This

approach will encourage manufacturers to use innovative and cost-effective

techniques to achieve the motor vehicle safety standard.

Automobiles that operate in complete silence endanger the safety of all of

us; silent operation should be viewed as a design flaw comparable to the

lack of seat belts or air bags, and therefore this safety issue must be

addressed.

　

　

　

　

Requested Action: Please support blind Americans by cosponsoring the

Pedestrian Safety Enhancement Act to authorize the U.S. Department of

Transportation to establish and promulgate regulations specifying a motor

vehicle safety standard for all new automobiles sold in the United States.

In the House of Representatives members can be added by contacting Emily

Khoury in Congressman Towns's office, or James Thomas in Congressman 

Stearns's

office. In the Senate members can be added as cosponsors by contacting Doug

Frost in Senator Kerry's office.

　

　

　

　

Contact Information:

Jesse Hartle

Government Programs Specialist

NATIONAL FEDERATION OF THE BLIND

Phone: (410) 659-9314, extension 2233

Email: jhartle at nfb.org

　

　

A TECHNOLOGY BILL OF RIGHTS FOR THE BLIND

　

　

　

　

Purpose: To mandate that consumer electronics, home appliances, kiosks, and

electronic office technology provide user interfaces that are accessible

through nonvisual means.

　

　

　

　

Background: In recent years rapid advances in microchip and digital

technology have led to increasingly complex user interfaces for everyday

products such as consumer electronics, home appliances, kiosks, and

electronic office technology. Many new devices in these categories require

interaction with visual displays, on-screen menus, touch screens, and other

user interfaces that are inaccessible to individuals who are blind or have

low vision. Settings on the stove, dishwasher, or home entertainment system

are no longer controlled by knobs, switches, and buttons that can be readily

identified and whose settings can be easily discerned. Inaccessibility of

these devices is a major barrier to a blind person's independence and

productivity. If a blind person cannot operate the interfaces of basic

office equipment such as copiers and fax machines, this is a potential

threat to that person's opportunity to join the workforce or to maintain an

existing job.

　

　

Many popular nonvisual mechanisms are available for manufacturers to create

interfaces accessible to everyone. For example, text-to-speech technology

is inexpensive and more ubiquitous than it has ever been-it is used in

everything from automated telephone systems to the weather forecasting

service broadcast by the National Oceanic and Atmospheric Administration.

Indeed, a few manufacturers have incorporated this technology into their

products to create talking menus or to articulate what is on the display

screen, but many manufacturers have continued to design interfaces that do

not include any nonvisual means of use, rendering the devices inaccessible

to blind people.

　

　

　

　

Need for Legislation: Currently no enforceable mandates exist for

manufacturers of consumer electronics, home appliances, kiosks, and

electronic office technology to make their products accessible to all

consumers. There are also no accessibility standards to provide guidance to

manufacturers on how to avoid creating barriers to access by the blind.

　

　

Congress should therefore enact a Technology Bill of Rights for the Blind

which:

a.. establishes that manufacturers must create accessible user interfaces

for their products,

b.. provides a means for enforcement, and

c.. establishes standards that will provide meaningful benchmarks that

manufacturers can use to make their products accessible.

　

This legislation does not mandate a single, one-size-fits-all solution for

all consumer technology, home appliances, kiosks, or electronic office

technology. Rather it mandates regulations setting meaningful accessibility

standards that allow manufacturers to select from a menu of potential

solutions or create new ones. This will not only give manufacturers the

freedom and flexibility they desire, but will also encourage innovations

that make consumer technology more usable for everyone.

　

　

Proposed Legislation: Congress should enact a Technology Bill of Rights for

the Blind that:

　

　

a.. Mandates that all consumer electronics, home appliances, kiosks, and

electronic office technology be designed so that blind people are able to

access the same functions as sighted people by nonvisual means and with

substantially equivalent ease of use.

　

a.. Creates a commission to establish standards for nonvisual

accessibility of electronic devices intended for use in the home or office.

Such a commission should represent all stakeholders, including:

- organizations of the blind;

- manufacturers of consumer electronics, home appliances, kiosks,

and electronic office technology, or associations representing such

manufacturers; and

- experts on universal design, electronic engineering, and related

fields.

　

　

a.. Endows the Department of Justice with the authority to enforce the

regulations promulgated by the commission established by this legislation.

　

a.. Authorizes the commission to reexamine and rewrite standards

periodically as consumer electronic technology continues to evolve.

　

　

　

Requested Action: Please support blind Americans and cosponsor a Technology

Bill of Rights for the Blind to ensure that blind people can fully

participate in all aspects of American society. Increased access leads to

increased independence, increased employment, and increased tax revenue.

　

　

　

　

Contact Information:

Lauren McLarney

Government Programs Specialist

NATIONAL FEDERATION OF THE BLIND

Phone: (410) 659-9314, extension 2207

Email: lmclarney at nfb.org

　

　

REMOVING THE EARNINGS PENALTY:

A COMMON SENSE WORK INCENTIVE

FOR BLIND SOCIAL SECURITY BENEFICIARIES

　

　

　

　

Purpose: To promote and facilitate the transition by blind Americans from

Social Security Disability Insurance (SSDI) beneficiaries to income-earning,

taxpaying, productive members of the American workforce.

　

　

Background: The unemployment rate for working-age blind people is over 70

percent. Part of the reason for this disproportionately high statistic is

the myths and misconceptions about the true capacities of blind people.

These erroneous perceptions are manifested when employers refuse to hire the

blind. Low societal expectations result in low representation of the blind

in the workforce.

In addition, governmental programs intended to provide economic security to

blind workers during periods of unemployment, especially the SSDI program,

have had the unintended consequence of creating an incentive for blind

people to remain unemployed or underemployed, despite their desire to work.

Despite the efforts of the National Federation of the Blind, blindness still

has profound social and economic consequences. Governmental programs should

encourage blind people to reach their full employment potential; they should

not encourage economic dependence.

　

　

Existing Law: Title II of the Social Security Act provides that disability

benefits paid to blind beneficiaries are eliminated if the beneficiary

exceeds a monthly earnings limit. This earnings limit is in effect a

penalty imposed on blind Americans when they work. This penalty imposed by

the SSDI program means that, if a blind person earns just $1 over $1,640

(the monthly limit in 2010 following a Trial Work Period), all benefits are

lost.

Section 216(i)(1)(B) of the Social Security Act defines blindness as a

disability based on objective measurement of acuity and visual field, as

opposed to the subjective criterion of inability to perform Substantial

Gainful Activity (SGA). For blind people, doing work valued at the SGA

earnings limit terminates benefits but does not terminate disability. Only

blind people not working or those with work earnings below an annually

adjusted statutory earnings limit receive benefits.

　

　

Need for Legislation: When a blind person enters the workforce, there is no

guarantee that wages earned will replace SSDI benefits after taxes are paid

and work expenses are deducted. For example, Jane worked as a customer

service representative with an annual income of $35,000 until she became

blind from diabetic retinopathy. Jane meets the criteria for SSDI benefits,

which provide income of $1,060 a month (or $12,720 a year) tax-free while

she is not working. Jane wants additional income to meet her financial

needs. After an adjustment period and blindness skills training, she finds

employment as a part-time representative making $10 an hour for thirty-five

hours a week. Jane grosses $350 a week for an average of $1,517 a month.

Using a conservative 25 percent withholding tax, Jane nets $1,137.50 from

her work, combined with her $1,060 disability benefit, for a net total of

$2,197.50 a month. If Jane should have the opportunity to work full time

(forty hours), her weekly salary would go up to $400 a week for a monthly

average of $1,733. This amount is over the 2010 earnings limit, so Jane

loses all of her disability benefits. Using the same 25 percent tax level,

Jane nets only $1,300 a month-working an extra five hours a week has cost

Jane $897.50 net income (over $10,500 a year). This example illustrates the

work disincentive contained in current law.

A gradual reduction of $1 in benefits for every $3 earned over the earnings

limit would remove the earnings penalty and provide a financial incentive to

work. The benefit amount paid to an individual will gradually decrease,

while the individual's contribution to the Social Security trust fund

increases over time. Under this approach, as Jane earns more, she pays more

into the trust fund, and her dependence on benefits decreases.

Monthly earnings evaluations are unnecessarily complicated for both the

beneficiaries and the Social Security Administration. Since the medical

prognosis for blind people rarely changes and because blindness is

objectively measurable, blind people should be subject to an annual earnings

test with the limit equal to twelve times the applicable monthly SGA amount.

Under current law blind workers frequently pay for items and services

related to their blindness that are necessary for them to work, and they are

permitted to subtract these Impairment-Related Work Expenses (IRWE) from

monthly earnings when determining monthly income. Properly crediting IRWE

poses a serious challenge to the SSDI program and creates a lack of

predictability for the blind person trying to determine whether benefits

will be available. To address both issues, Congress should permit SSDI

recipients to claim the same amount used when determining an income subsidy

under the Medicare prescription drug program, currently 16.3 percent of

earnings.

　

　

Proposed Legislation: Congress should enact legislation to:

・ provide that earnings of blind SSDI beneficiaries in excess of the

annual earnings limit result in a gradual benefit reduction of $1 for each

$3 earned over the limit;

・ establish an annual earnings test for blind SSDI beneficiaries; and

・ establish one standard IRWE deduction for blind SSDI beneficiaries

equal to the amount presently applicable for this deduction when determining

an appropriate income subsidy under the Medicare prescription drug program

or 16.3 percent of earnings, whichever is greater.

　

　

Requested Action: For the House, please cosponsor the Blind Persons Return

to Work Act (H.R. 886) by contacting Michaeleen Crowell in Rep. John Lewis's

office, and provide a common sense work incentive for blind Social Security

beneficiaries. For the Senate please consider introducing companion

legislation.

　

　

　

　

Contact Information:

Lauren McLarney

Government Programs Specialist

NATIONAL FEDERATION OF THE BLIND

Phone: (410) 659-9314, extension 2207

Email: lmclarney at nfb.org