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Subject:
From:
Kelly Pierce <[log in to unmask]>
Reply To:
Kelly Pierce <[log in to unmask]>
Date:
Wed, 25 Jul 2001 19:34:24 -0500
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I am pleased to pass on   the remarks   of Martin Gould, Research
Specialist for the National Council on Disability during the July 23-24
National Summit on Accessibility For Government IT held in Washington DC.
The report he references in his speech, "The Accessible Future" is
available on-line at:
http://www.ncd.gov/newsroom/publications/accessiblefuture.html  (
HTML
version)
http://www.ncd.gov/newsroom/publications/pdf/accessiblefuture.pdf (
PDF
version)

I am a member of the Techwatch group martin references representing the
Chicago vicug and the voice of vicug members everywhere.  I was one of
the reviewers of the report and list member Steve Mendelsohn was
contracted by NCD to research and write the report.  The report release
featured a panel consisting of representatives of government, industry
and disability organizations that pledged to work jointly to create the
solutions necessary to arrive at the accessible future.

Kelly


Remarks by Martin Gould at
THE NATIONAL SUMMIT ON ACCESSIBILITY FOR GOVERNMENT IT
The Performance Institute
Washington, D.C. July 23, 2001

Good morning. I am Martin Gould, Research Specialist for the National
Council on Disability. The National Council on Disability is an
independent
federal agency consisting of fifteen members. The Council's members are
appointed by the President and confirmed by the Senate of the United
States
and are all individuals with disabilities or parents of individuals with
disabilities. The Council has a significant history in the area of
technology, beginning with its first report on financing assistive
technology in 1988. I also wish to draw your attention to the Council's
award winning website-www.ncd.gov, on which all of our reports can be
found.

Our most recent work, The Accessible Future is the fourth in NCD's series
of
reports, "Unequal Protection Under Law." This series of reports has
examined
enforcement and implementation of civil rights legislation, such as the
Americans with Disabilities Act, the Air Carrier Access Act and the
Individuals with Disabilities Education Act.

The Accessible Future report, along with our four previous reports on
technology access, would not have been possible without the technical
assistance and involvement of Tech Watch. Tech Watch is an advisory body
to
the Council consisting of consumers, technology specialists, and
advocates.
This group has provided advice and support to the Council on all of its
technology activities during the last eight years, including its reports
on
access to the graphical user interface, the National Information
Infrastructure, multi-media access, and AT policy.

The Accessible Future examines access to Electronic and Information
technology, which includes the Internet, the World Wide Web, and
information/transaction machines. No one would dispute that people with
disabilities have the same right and need for the information everyone
else
has. Paradoxically, at the very time when many people comfortably assume
that technology is steadily bringing people with disabilities more
opportunities for access than ever before, this same technology (coupled
with the attitudes and expectations of those who use it) may in many
cases
be reinforcing patterns of exclusion and isolation.

The Accessible Future Report examines implementation and enforcement of
several significant pieces of legislation, including the Americans with
Disabilities Act, Section 255 of the Telecommunications Act of 1996, and
Section 508 of the Rehabilitation Act. We looked at promising practices
and
made recommendations toward establishing strong E&IT access policy in the
United States.

We found that access to E&IT is, and should be viewed as a civil right,
just
as access to public and private buildings is now considered a civil right
and is a part of our everyday experience. Access to E&IT is equally as
important for people with sensory disabilities as access to the built
environment is for people with physical disabilities.

The report found that we do not have one comprehensive piece of
legislation
that promotes E&IT in the same way the ADA requires access to the
physical
environment. There are several laws, including the ADA, Section 255 of
the
Telecommunications Act, and Sections 504 and 508 of the Rehabilitation
Act.
These laws provide a patchwork of requirements, with different levels of
access required under each law and leaving certain vital E&IT uncovered.

We understand that access to E&IT is more complicated, because of the
changing nature of information technology. The most up-to-date computer
system can become obsolete in a matter of months, when a new more sexy
product enters the market. Rapid advances in technology require that
access
remain high on the industry, government, and consumer agenda. Unique,
collaborative strategies between consumers, government, and industry are
necessary to address the ever-changing and complex issues of E&IT access.

Our report found that many federal agencies have made significant strides
in
promoting E&IT access over the last several years. These policies and
practices were due in large part to leadership of key agency personnel. A
corollary finding is that these policies and practices must be
institutionalized if information access is to advance.

We also identified several strategies that, if adopted, would make
implementation of existing laws stronger and more consistent. Our
recommendations include:

Incorporate E&IT Accessibility into the Agency Planning and
Government-Wide
Planning Processes at All Levels

Review the Federal Contracting Process to Encourage Diffusion of
Accessibility, including encouraging or requiring accessibility in grants
and contracts, developing model contract language, and providing
technical
assistance.

Establish federal website quality control, including random auditing of
federal websites.

Systematically address the question of cost effectiveness, by
establishing a
Presidential Commission to study the cost effectiveness of both providing
and not providing accessible E&IT. This Commission should be kicked off
with
a White House summit on accessibility.

Involve consumers in the implementation process, through establishing
agency
advisory committees and other mechanisms for consumers, industry and
government collaboration.

Enrich the Available Resources for Implementation of Section 508. For
example, relevant government agencies should collaborate to provide
additional guidance on unresolved 508 issues. Technical assistance for
non-compliant agencies should be mandated.

Enhance Record-Keeping and Data Collection Mechanisms

The President and Congress should establish or empower a joint blue
ribbon
commission to examine barriers to effective implementation of E&IT
accessibility that may exist in current federal laws, and to recommend
changes in law that will foster E&IT accessibility in the public and
private
sectors.

Reinvigorate the Quality and Focus of ADA Enforcement Through suitable
regulations, interpretive guidance, or case initiation, DOJ should take
immediate and meaningful steps to set forth its views concerning the
applicability of Title III to the Internet and promulgate standards and
requirements for the accessibility of public terminals.

The FCC Should Intensify Monitoring and Enforcement Under Section 255 of
the
Telecommunications Act
Developing a Framework for Government Operations

To ensure accessibility over the long-haul, individual federal government
departments need to look at their objectives, strategies, and
organization
in light of e-government challenges and citizen demands. For example,
departments and agencies should be asking a number of questions:

Do we really understand the challenges that E&IT poses and are our
objectives and in line with the new realities? For example, if the
digital
divide is widening the gap between students with and without
disabilities,
how are we addressing that? Do new threats to workforce development arise
and are our priorities correct in addressing them?

Is the correct research and evaluation structure in place for our grant
programs? Is it sufficient to realistically assess the new challenges of
our
distance education or telework initiatives?

As we seek to provide greater access to education and training
opportunities
to children, youth and adults with disabilities around the country, are
we
taking full advantage of the possibilities of E&IT?
To ensure accessibility, all branches and components of the federal
government invested in developing a national E&IT policy framework should
also determine that their relevant activities ensure the provision of:

funding for universal service through improvements to the communications
infrastructure of schools, colleges, training academies, libraries,
vocational programs;

accessibility at all levels to the wealth and diversity of data,
information
and knowledge maintained by the public sector;

adequate and reliable hardware and software;

incorporation into E&IT grant programs and contract initiatives (e.g.,
dealing with assistive technology, information technology,
telecommunications);

effective technical assistance and support for integrating E&IT into the
practices of publicly funded education and training programs; and

research into the development and application of methods and measurements
to
allow for continuous improvements in the (federal) government's
reorganization effort.
In the near-term, departments and agencies could begin to accomplish this
through the development and use of templates - like checklists - that
they
would use to assess their existing: infrastructure; personnel
development;
outreach and technical assistance; discretionary program activities;
research and development efforts; community and customer relations; and,
management and accountability systems.

Conclusions

Our notion of the proper role of government and its relation to its
citizens
is continuously changing. Electronic and information technologies have
both
increased the complexity of the issues and interests that lie at the
heart
of what good government should be, and presented American government with
some of its greatest challenges. It should not be presumed that
e-government
can be achieved solely or even primarily by legislative measures.

In an ideal climate, no person with a disability should be denied the
opportunity to access E&IT and transfer its inherent potential into
viable,
life fulfilling endeavors, whether it be: in pursuit of an education
through
distance learning, advancement through employment via telework,
improvement
in health by using telemedicine, or even digital participation in
democracy
by online voting.

Access to electronic and information technology has become a civil rights
issue for many people with disabilities and for our society-and the
importance of this issue can only grow. We must all work together to
ensure
that all Americans can participate in the information society of the 21st
century.


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