From the web page
http://www.nfb.org/law/leg_agenda.htm
Legislative Agenda of Blind Americans: Priorities for the 107th
Congress, Second Session
Public policies and laws affecting blind people have a profound
impact throughout our entire society. Most people know someone
who is blind, and seventy-five thousand Americans become blind
or visually impaired every year. The blind population in the
United States is estimated to exceed 1.1 million with several
million more classified as visually impaired. In addition, the
social and economic consequences of blindness directly touch the
lives of each blind person's family members, co-workers, and
friends.
Public policies and laws that result from misconceptions or lack
of information about blindness are often more limiting than the
loss of eyesight itself. This is why we have formed the National
Federation of the Blind. The Federation's leaders and the vast
majority of its members are blind, but anyone is welcome to join
in the effort we are making to win understanding and equality in
society.
Our priorities for the second session of the 107th Congress
reflect an urgent need for action in three key areas of vital
importance to the blind. (For an explanation of these issues,
please see the attached fact sheets.)
Congress should enact mandated increases in the earnings limit
for blind people, under Title II of the Social Security Act,
similar to those enacted for seniors in 1996. This proposal
would help reduce the harsh work disincentive of the Social
Security earnings limit as it now affects blind beneficiaries.
Congress should amend Title XVIII of the Social Security Act to
include Medicare coverage for rehabilitation services provided
to older blind individuals. This proposal would ensure that
older blind Medicare beneficiaries have access to the critical
rehabilitation services they need to remain independent and in
their homes, rather than being forced into costly long-term care
facilities.
* Congress should pass legislation requiring publishers of
elementary and secondary textbooks to provide electronic
copies which are capable of producing texts in specialized
formats, including Braille. This proposal would provide
textbooks simultaneously in print and Braille editions,
assuring that no student, blind or sighted, is left behind.
People who are blind are asking for your help to address these
priorities in the present session of Congress. By acting in
partnership with the National Federation of the Blind, each
member of Congress can help build better lives for the blind,
both today and in the years ahead. The legislative actions
recommended in this memorandum will benefit the blind, but they
will also help create a better future for all Americans.
For Further Information Contact:
James McCarthy, Assistant Director of Governmental Affairs
National Federation of the Blind
1800 Johnson Street
Baltimore, Maryland 21230
E-mail: mailto:[log in to unmask]
Phone: (410) 659-9314 ext. 240
Updated: January 29, 2002
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Promoting Work and Fairness for the Blind Common-Sense Work
Incentives for Blind Social Security Beneficiaries
Pending Bills
H.R. 498, "Blind Empowerment Act," by Congressman Robert Ehrlich
S. 682, "Blind Persons Earnings Equity Act," by Senator John
McCain
Purpose
To amend title II of the Social Security Act to increase the
level of earnings under which no blind individual is determined
to have demonstrated an ability to engage in substantial gainful
activity for purposes of determining disability.
Background
By increasing the Social Security earnings limit in 1996,
Congress provided a powerful incentive for seniors age
sixty-five and older to work. Advocates for this change made the
case that seniors would continue to work, earn, and pay taxes
since they could do so without fearing loss of income from
Social Security. Now the need for a higher earnings limit for
the blind is even more compelling because of an "all or nothing"
penalty for working above it. However, Congress has disregarded
this fact in the case of the blind while encouraging seniors to
work by removing the earnings limit altogether.
As a result, earnings exceeding $15,600 for a blind person who
is age sixty-four or younger cause the complete loss of Social
Security benefits until that individual attains age sixty-five.
At that point there is no limit on the amount that same
individual can earn. This is the inequity that now exists.
Existing Law
Like "retirement age," "blindness" is specifically defined in
the Social Security Act and can be readily determined. By
contrast, "disability" is not precisely defined and is
determined on the basis of an "inability to engage in
substantial gainful activity," a highly complex and rather
subjective determination.
Although blindness is precisely defined, monthly benefits are
not paid to all persons who are blind but only to those whose
earnings (from work) are below the annually adjusted earnings
limit. Personal wealth arising from all sources, except present
work, is not counted as earnings and does not affect
eligibility. Only work is penalized, and recognition of this
fact led to the increased earnings limit for seniors and its
eventual elimination. The situation for seniors prior to 1996 is
precisely the same for blind people today.
Need to Remove Work Disincentives
An increase in the earnings limit would be cost-beneficial. With
a seventy-four-percent unemployment rate, the vast majority of
working-age individuals who are blind are already beneficiaries.
Providing them with a meaningful work incentive would allow them
to become taxpayers as well. Members of Congress supported
raising the exempt earnings threshold for seniors, and it is
only appropriate that they do the same for blind people of
working age. The chance to work, earn, and pay taxes is a
constructive and valid goal for senior citizens and blind
Americans alike.
Increasing the earnings limit will allow blind people to work
without being penalized financially for doing so, providing more
than 100,000 blind beneficiaries with a powerful work incentive.
At present a blind individual's earnings must not exceed a
strict monthly limit of $1,300. When earnings exceed this
threshold, the entire sum paid to a primary beneficiary and
dependents is abruptly withdrawn after a trial work period. The
economic risk resulting for a blind head of household is far
greater than any economic benefit derived.
When a blind person finds work, there is absolutely no assurance
that earnings will replace the amount of lost disability
benefits after taxes and work expenses are paid. Usually they do
not. Therefore, few beneficiaries can actually afford to attempt
substantial work. Those who do often sacrifice income and the
security of a monthly check.
Action Needed
Congress should enact mandated increases in the earnings limit
for blind people similar to those enacted for seniors in 1996.
This proposal would be a step towards equity for blind people
and reduce the harsh work disincentive policy now in effect.
Under this proposal blind individuals would eventually be able
to work and earn up to $30,000 without fearing the loss of
benefits.
Legislation for this purpose has been introduced as H.R. 498 by
Congressman Robert Ehrlich and S. 682 by Senator John McCain.
These bills enjoy broad bipartisan support with 251 members of
the House and 30 Senators as cosponsors.
Please support Blind Americans by cosponsoring H.R. 498 or S.
682 and request action on this legislation before this session
is adjourned.
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Medicare Coverage Equity for Older Blind Persons
Pending Bills
H.R. 2674, "The Medicare Coverage Equity Act for the Blind," by
Congressman Martin Frost
Purpose
To amend Title XVIII of the Social Security Act to permit state
rehabilitation agencies serving blind persons age fifty-five and
older to be reimbursed by Medicare.
Existing Law
The Medicare program—Title XVIII of the Social Security
Act—provides health insurance coverage for people age sixty-five
and older and for persons who have received Social Security
Disability Insurance cash benefits for at least two years. This
program pays for reasonable and necessary services to prevent
illness, maintain health, and restore functioning after injury
or disease. Part A of Medicare—Hospital Insurance—covers
hospital services. Part B—Supplementary Medical Insurance—covers
a wide range of outpatient services such as physician's
services; physical, occupational, and speech therapy; mental
health services; a variety of rehabilitation services; the
purchase of durable medical equipment (including wheel chairs);
and home health care services. Despite Medicare's coverage of
these and many more services, coverage of rehabilitation
services for older blind individuals is not included.
Chapter II of Title VII of the Rehabilitation Act of 1973, as
amended, authorizes grants to designated state vocational
rehabilitation agencies to provide independent living
rehabilitation services to older persons who are blind and
visually impaired. These services include visual screening;
independent living skills training, such as orientation and
mobility and daily living skills; and other appropriate
rehabilitative services needed for older individuals to live
independently. This program is currently funded at $25 million
for fiscal year 2002. While funding has grown significantly in
recent years, the program will only serve approximately five
percent of those in need.
Need for Legislation
Costs associated with age-related vision loss are substantial.
For example, the Alliance on Aging Research reports that visual
impairment is one of the top four reasons why seniors lose their
independence, contributing to medical and long-term care costs
of $26 billion annually. In addition, the Framingham Eye Study
(ongoing) reports that eighteen percent of all hip fractures
among seniors can be attributed to age-related vision loss. At
$35,000 for treatment and care in each case, the total annual
cost attributable to hip fractures due to visual impairment
exceeds $2 billion.
Rehabilitation services for older blind persons teach safe
travel, daily living skills, and use of adaptive aids and
devices. Individuals who receive these services are able to
continue living independently in their own homes and
communities. This is consistent with the goals of Medicare. By
receiving these services covered by Medicare, seniors who become
blind can regain self-reliance and self-worth. This will allow
them to remain active and valued members of their communities
for as long as possible. Without these services, older blind
individuals often become dependent and isolated.
Recent growth in the appropriation made for the Title VII
Chapter II program shows that Congress recognizes a significant
need to be met. At $25 million annually, these funds are helping
to lay the foundation for a state-administered service delivery
system. However, current and future appropriations are not
likely to be large enough to pay the entire cost of services for
the growing population of seniors who become blind. The solution
is to permit state agencies which already serve older blind
persons to be eligible for reimbursement of direct service costs
from Medicare.
Proposed Legislation
Congress should amend Title XVIII of the Social Security Act to
include Medicare coverage for rehabilitation services provided
to older individuals who are blind. This proposal is designed to
ensure that older blind Medicare beneficiaries have access to
critical rehabilitation services. H.R. 2674, introduced by
Congressman Martin Frost would do this. Efforts are underway for
similar legislation to be introduced in the Senate. The proposed
amendments define rehabilitation services as those services
furnished or supervised by a designated state vocational
rehabilitation agency to an older blind individual under Chapter
II of Title VII of The Rehabilitation Act and approved pursuant
to regulations issued by the Department of Health and Human
Services.
The state vocational rehabilitation agency or other provider
chosen by the beneficiary and supervised by the state would
provide services. The term, "older individual who is blind"
means "an individual age fifty-five or older whose severe visual
impairment makes competitive employment difficult to attain but
for whom independent living goals are feasible." This is
identical to the definition currently in Chapter II of Title VII
of the Rehabilitation Act.
As with Chapter II of Title VII, only state vocational
rehabilitation agencies could receive payment for services
provided in this program. This approach utilizes a
well-established and accountable system for the delivery of
rehabilitation services to older blind Medicare beneficiaries
while also allowing beneficiaries to exercise choice when
selecting among service providers. Title XVIII allows hospitals,
community rehabilitation centers, home healthcare centers, and
other entities enrolled as Medicare service providers to receive
payment for services. Under this proposal, state vocational
rehabilitation agencies could also enroll as Medicare service
providers. Once approved by a state Medicare carrier, these
agencies could submit claims and receive payment for the
rehabilitation services they provide.
Please support Blind Americans by cosponsoring H.R. 2674 or its
Senate companion, when introduced, and request action on this
legislation before this session is adjourned.
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Access to Instructional Materials: Leaving No Blind Child Behind
Background
In the mid-nineteenth century, states established centralized
schools for the blind to educate blind and visually impaired
students. To support this, Congress authorized the American
Printing House for the Blind (APH) in Louisville, Kentucky, to
produce educational materials in alternative formats, including
Braille. Today, APH continues to fulfill this function,
receiving annual appropriations for this purpose.
In the 1960's blind children first began to attend schools in
their home communities in significant numbers, and today the
vast majority do so. As a result, Braille, audio, and large
print books must be obtained or created by any local school
district having one or more blind children. Converting printed
instructional materials into "specialized formats" such as
Braille is often time-consuming, labor-intensive, and costly,
taking six or more months and several thousand dollars to
complete. Relying on APH alone cannot fulfill the need.
Therefore, it is the exception—not the rule—for blind students
to have access to required textbooks at the same time as their
sighted classmates.
Existing Law
The Americans with Disabilities Act, the Individuals with
Disabilities Education Act, and other federal laws clearly
establish the policy that individuals with disabilities are
entitled to equal treatment in all areas of society. However,
the successful implementation of these laws does not occur
without clear, specific, and practical standards and systems in
place to anticipate accessibility needs. Currently, there are no
federal laws that create standards to facilitate the production
of textbooks in Braille.
Twenty-six states have responded to this need by requiring
publishers to provide electronic copies of print editions of
textbooks. However, there is no consistent file format used
among the states, and the electronic copies provided by
publishers are frequently not usable for Braille reproduction at
all. Therefore, inconsistent and often conflicting state
requirements place burdensome obligations on publishers without
efficiently facilitating more timely production of books in
accessible formats. An agreed-upon, uniform electronic file
format would reduce the burden to publishers and significantly
reduce the cost of creation, while helping to provide materials
to blind students at the same time they are provided to others.
Proposed Legislation
Congress should enact the "Instructional Materials Accessibility
Act," which has been negotiated by textbook publishers, the
National Federation of the Blind, and other affected groups.
This legislation will ensure that blind and visually impaired
students will not be left behind in having the textbooks they
need in a form they can use.
Prepared for introduction in Congress, the draft legislation
would:
require state plans to ensure that students who are blind or
visually impaired have access to instructional materials in
formats they can use at the same time the materials are provided
to students who can see;
develop a uniform electronic file format for instructional
materials prepared by publishers;
require publishers to produce a copy of each textbook in the
uniform electronic file format and furnish it to a National
Instructional Materials Access Center for distribution to
schools; and
fund capacity-building initiatives to assist state and local
educators in using electronic files supplied by publishers.
Benefits and Costs
The principal benefit of this legislation will be a uniform
electronic file format. This will allow rapid creation of
textbooks in the desired format for each student, sighted or
blind. For students who read Braille, their books can be
presented through the use of synthetic speech or stored and read
with small computers, which display Braille dots.
Without this legislation, local school districts will continue
to bear the burden and cost of converting printed books into
Braille. However, modern technology can now support shifting
much of this responsibility to publishers without placing an
undue burden on them. This legislation does not remove the
school's responsibility to provide materials but will institute
a shared burden between the schools that teach the children and
the publishers that create the books. This will be the effect of
having a uniform electronic file format and national
distribution center.
This shared obligation between school and publisher has been
carefully crafted with publishers fully engaged in the effort to
create it. The cost anticipated and authorized to operate the
National Distribution Center will be $1 million annually, with
$5 million needed to fund training and technical assistance
programs for local schools. Although publishers have agreed to
provide electronic books, nothing can happen without federal
legislation to establish procedures and create the Center.
Introduction of the "Instructional Material Accessibility Act"
is expected to occur early in the second session of the 107th
Congress. Anticipating this, members are being asked to become
original cosponsors and to request prompt enactment of this
bill.
Please support Blind Americans by cosponsoring the
"Instructional Materials Accessibility Act" and request action
on this legislation before this session is adjourned.
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The Blind and Electronic Voting Technology: Ensuring Non-Visual
Access to the Next Generation of Voting Systems
Background
Microchip and digital technology will undoubtedly change the way
Americans vote. In the wake of the 2000 election, states and
political subdivisions are scrambling to update their antiquated
voting machines with electronic and computer-based voting
systems. Arizona is already testing internet voting, and other
states have purchased touch screen digital voting machines.
Individual states develop and apply their own standards to
approve or "certify" voting systems used in local jurisdictions.
The needs of blind voters are rarely considered during this
process. As a result, virtually all electronic voting technology
is unusable by as many as eight million people who are blind or
cannot see a print ballot.
Existing Law
With the enactment of the 1982 amendments to the Voting Rights
Act, Congress showed an interest in how blind people vote by
approving the Voter Assistance Provision. Prior to the
establishment of this provision, election officials could insist
on entering the polling booth with a blind voter to assist the
individual in casting a ballot. Today, individuals with
disabilities can vote using the assistance of whomever they
choose. Voter assistance has been the only alternative for blind
voters in the era of the paper ballot and mechanical voting
machines. It is still a valid voting method. However, it does
not allow blind people to cast a secret ballot or independently
confirm their vote. Two years after the adoption of the voter's
assistance provision, Congress enacted the Voting Accessibility
for the Elderly and Handicapped Act. This Act requires states
and political subdivisions to make available "aids" to assist
with registration and voting in federal elections. The Act has
not been amended since its enactment. Consequently, its
provisions do not address today's electronic voting and
non-visual access technology. Section 508 of the Federal
Rehabilitation Act as amended in 1998, requires Federal
departments and agencies to ensure that their electronic and
information technology is accessible to individuals with
disabilities. Several states have also enacted similar laws
primarily focusing on non-visual access. However, neither these
state laws nor Section 508 have been applied to electronic
voting technologies. Recently Texas enacted specific legislation
requiring all voting equipment to be accessible to individuals
with disabilities.
Proposed Amendment
Congress should require non-visual access to electronic voting
technology as a condition for the receipt of federal funds. Many
members of Congress have introduced bills which seek to
establish a federal grants program to modernize voting systems
used in federal elections. The proposed non-visual access
amendment would ensure that blind and visually impaired voters
can use the next generation of electronic voting technology
resulting from this legislation. Under the amendment, the
federal department or agency administering the grants program
would publish non-visual access standards for the development
and procurement of electronic voting technology. Compliance with
these standards would be one of the criteria for receipt of
federal funds. Without this amendment, non-visual access, such
as speech and Braille output, will be overlooked in the rush to
use modern technology in voting.
Need for Legislation
According to the National Center on Policy Analysis, low voter
turn out is primarily due to inconvenient voting procedures.
Confirming this, an Ohio study pointed to "intimidating" voting
methods as a significant reason why people don't vote. For blind
people these factors are compounded by voting systems which are
not only "inconvenient" but unusable. Inaccessible voting
systems discourage blind voters from exercising the most
fundamental right of citizenship—the right to vote.
Modern technologies (such as synthesized speech and speech
activated software) allow electronic information to be accessed
through visual and non-visual means. Using these technologies,
blind people would be able to vote privately and independently.
The Non-Visual-Access Amendment extends the convenience and
benefits of electronic voting systems to sighted and blind
voters alike. Any action taken during the 107th Congress to
modernize voting systems will impact the way Americans vote for
decades to come. Consequently, needs of blind voters must not be
overlooked.
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End of Document
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