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

T. Joseph Carter carter.tjoseph at gmail.com
Mon Dec 13 21:35:21 UTC 2010


Mr. Zuluaga wishes to see an end to excessive regulation, entitlement 
programs, and government dependency.  As an idealist, he does not 
recognize that the right regulations and appropriate changes to 
entitlement programs help to further that goal.

That is unfortunate.

Joseph


On Mon, Dec 13, 2010 at 05:59:59AM -0500, Kenneth Chrane wrote:
>
>----- 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
>
>
>
>
>--------------------------------------------------------------------------------
>
>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
>
> 
>
> 
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