Below is NFB's 1999 Legislative Agenda which is being promoted by hundreds
of blind americans at the Washington Seminar in early February.
For further information contact:
James Gashel
Director of Governmental Affairs
NATIONAL FEDERATION OF THE BLIND
1800 Johnson Street
Baltimore, Maryland 21230
(410) 659-9314
LEGISLATIVE AGENDA OF BLIND AMERICANS:
PRIORITIES FOR THE 106TH CONGRESS, FIRST SESSION
Public policies and laws affecting blind people have a
profound impact throughout our entire society. Most people know
someone who is blind. It may be a friend, a family member, or a
coworker on the job. In fact, as many as fifty thousand
Americans become blind each year, and the blind population in the
United States is estimated to exceed 700,000. By themselves,
these numbers may not seem large, but the social and economic
consequences of blindness directly touch the lives of millions
and, at least indirectly, have some impact on everyone.
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 first session of the 106th Congress
reflect an urgent need for action in three specific areas of
vital importance to the blind this year.
(1) Congress should reinstate the policy of an identical
earnings exemption threshold for blind and senior citizen
beneficiaries under title II of the Social Security Act. This
proposal seeks to reduce (or eliminate altogether) the work
disincentive of the Social Security earnings limit as it now
affects blind beneficiaries. In spite of a 1977 law to maintain
the same earnings exemption threshold for blind people and age-65
retirees, a decision was made to exclude the blind when the
threshold was raised for seniors in 1996. This means that a
lower blind persons' earnings limit of $13,320 is now in effect
as compared to $15,500 for seniors. By 2002, when the seniors'
exemption becomes $30,000, the blind persons' lower limit will be
less than half that amount unless the law is changed.
People of working age who are blind must not be forgotten
as Congress considers further changes in the earnings limit or
the elimination of the limit altogether. Just as with hundreds
of thousands of seniors, the positive response of blind people to
higher earnings exemptions will bring additional revenues into
the Social Security trust funds. The chance to work, earn, and
pay taxes is a constructive and valid goal for senior citizens
and blind Americans alike. For more details and an explanation
of the need for this legislation, see the fact sheet entitled
"Winning the chance to earn and pay taxes: How the blind person's
earnings limit in the Social Security Act must be changed."
(2) Congress should amend the Copyright Act to require the
deposit of a nonvisual, electronic format edition of any
publication submitted to the Library of Congress for
registration. This proposal seeks to create a workable and cost-
effective means for publishers to support the efficient
conversion of printed matter for nonvisual use. For blind
people, the inability to read standard printed text can severely
limit both the quantity and type of information available. Of the
62,000 books published each year, less than 4 percent are
reproduced in accessible formats for the blind, largely because
of the difficulty and expense of converting printed matter into
electronic text suitable for nonvisual use.
The proposal would reduce the work and cost involved in
making this conversion. Section 407(a) of the Copyright Act
requires two copies of the "best edition" of a work to be
submitted to complete copyright registration. The proposed
amendment would add the condition that an electronic version,
prepared in accordance with standards prescribed by the National
Library Service for the Blind and Physically Handicapped of the
Library of Congress, must also be submitted. Also, since
authorized nonprofit or governmental entities have the right to
reproduce published works as specified in section 121 of the
Copyright Act, the amendment would provide access for such
entities to obtain copies of electronic works submitted to the
Library of Congress.
In an age in which timely access to information is more
crucial than ever before, amendments to the Copyright Act could
help the blind by putting a process in place for the prompt
conversion of published works into specialized nonvisual media
and by supporting that process with a workable, logical, and
cost-effective approach. For more details and an explanation of
the need for this legislation, see the fact sheet entitled
"Access to information for blind persons: How copyright
amendments can help."
(3) Congress should promote literacy among the blind
through efforts to expand the national telephone-access Newsline
network. In 1931, Congress created a national "Books for the
Blind" program. This program, administered by the National
Library Service for the Blind and Physically Handicapped (NLS) of
the Library of Congress, is the principal source of books and
magazines for blind adults. Due to the time required for
reproduction of Braille or audio editions, however, reading
matter that is time-sensitive (such as daily newspapers) is
excluded from the NLS service.
Now there is Newsline for the Blind. This is a service
which uses modern telecommunications technology to bring
newspapers directly to blind readers at the time that the print
publication is released. With Newsline--and a touch-tone
telephone to access the service--blind persons can select
articles from local or national newspapers and listen to the
information in full-word synthetic speech. Newsline started in
1994 with a pilot demonstration site in the Washington/Baltimore
area. Since that time, the network has expanded to serve forty-
eight communities in twenty-two states. However, the need to
bring this service into states and communities not being served
is substantial. With the help of members of Congress, blind
people in each state and congressional district could have access
to the necessary information found in newspapers. For more
details on this service and the help which every member of
Congress can provide to build the Newsline Network, see the fact
sheet entitled, "Technology and Literacy: Reaching the Blind in
the Information Age."
People who are blind are asking for your help to address the
priority issues described in our current agenda. By acting on
these priorities 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.
FACT SHEET
WINNING THE CHANCE TO EARN AND PAY TAXES:
HOW THE BLIND PERSON'S EARNINGS LIMIT IN THE
SOCIAL SECURITY ACT MUST BE CHANGED
Proposed Legislation--Short Title: "The Blind Persons' Earnings
Equity Act"
Purpose: To restore the linkage between the earnings exemption
threshold for blind persons and the exemption allowed for
retirees at age 65 under title II of the Social Security Act
Background: As the result of a 1996 law to raise the debt limit,
senior citizens age 65 to 70 are encouraged to continue working
while retaining entitlement to Social Security benefits. This is
being done by annual changes in the exempt earnings threshold,
which is $15,500 in 1999 and will increase to $30,000 by the year
2002. In making the case for this change, advocates in Congress
explained that more senior citizens would have the opportunity to
work, earn, and pay taxes, since they would not lose income from
Social Security by working.
In spite of a law passed in 1977 to establish the earnings
exemption threshold for blind people at the identical exempt
amount used for seniors, a decision was made in 1996 to exclude
the blind from the higher exemptions. This means that a lower
earnings limit of $13,320.00 for blind people, as compared to
$15,500.00 for seniors, is now in effect for earnings in 1999.
By 2002, when the exemption for seniors becomes $30,000, the
lower limit for the blind is expected to be approximately
$14,800.
Earnings of this amount for a blind person who is age 64
will cause the complete loss of Social Security benefits until
the individual becomes a retiree at age 65. At that point the
same individual is allowed to earn more than twice the amount
allowed for the blind. This is the inequity that now exists.
Existing Law: Section 216(i) of the Social Security Act defines
"blindness". Therefore, blindness--as with age--can be
determined with reasonable certainty. By contrast, "disability"
is not precisely defined and determined on the basis of
"inability to engage in substantial gainful activity." Compared
to evaluating blindness, this is a complex and fairly subjective
determination in many cases.
Although blindness is precisely defined, monthly benefits
are not paid to all persons who are blind but only to those whose
earnings (if any) are below the annually adjusted limit.
Personal wealth not resulting from current work activity does not
count as earnings and has no effect on eligibility. Only work is
penalized. It was the recognition of this fact that led to the
greater exemption of earnings now allowed for seniors, and the
situation for blind people is precisely the same.
Action Requested: Congress should reinstate the policy of an
identical earnings exemption threshold for blind and senior
citizen beneficiaries under title II of the Social Security Act.
Legislation to achieve this objective has been re-introduced in
the House of Representatives and the Senate during the 106th
Congress. Although similar bills did not advance beyond
introduction in the 105th Congress, an impressive list of
cosponsors indicates that substantial, bipartisan support exists
in both the House and the Senate.
The National Federation of the Blind strongly supports this
legislation. By creating a lower earnings limit for the blind,
the action in the 104th Congress has resulted in a harsh work
disincentive policy which is widely regarded as an inequity
created in the rush to pass the 1996 debt-ceiling bill.
Need to Remove Work Disincentives: Mandating the adjustments in
the earnings limit for blind people in the manner now allowed for
age-65 retirees will provide more than 100,000 blind
beneficiaries with a powerful work incentive. Most blind people
could then not lose financially by working. Moreover, the
mandated earnings limit changes would be cost-beneficial since
among those of working age most blind people are already
beneficiaries. At present their earnings must not exceed a
strict limit of $1,110 per month. When earnings exceed this
exempt amount, the entire sum paid to a primary beneficiary and
dependents is abruptly withdrawn after a trial work period.
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 will often
sacrifice income and will certainly sacrifice the security they
have from the automatic receipt of a monthly check.
This group of beneficiaries--people of working age who are
blind--must not be forgotten now that the earnings exemption has
been raised for seniors. Just as with hundreds of thousands of
seniors, the positive response of blind people to the higher
earnings exemptions will bring additional revenues into the
Social Security trust funds. The chance to work, earn, and pay
taxes is a constructive and valid goal for senior citizens and
blind Americans alike.
FACT SHEET
ACCESS TO INFORMATION FOR BLIND PERSONS:
HOW COPYRIGHT AMENDMENTS COULD HELP
Background: For blind people, the inability to read standard
printed text can severely limit both the quantity and type of
information available. This is due in large part to forces of
the marketplace which favor mass production of printed matter to
reach sighted people who will buy it and use it. Simply put,
publishers do not consider formats other than standard print to
be cost-effective since Braille or audio formats are expensive
and complex to reproduce.
Therefore, the conversion of reading matter into Braille or
other usable formats for the blind is done by nonprofit or
governmental entities as a public service in virtually every
instance. While recent changes in the Copyright Act now allow
these entities to convert information without permission from the
publisher, performing the work involved is still lengthy,
expensive, and cumbersome. This is so because producing a
specialized-format version from the printed text of the
publication involves a labor-intensive process of scanning or
manual input of the original information. As a consequence, the
quantity of printed matter so converted for use by blind people
will continue to be quite small until a means to maximize the use
of nonprofit or governmental resources is devised.
Existing Law: Section 121 of the Copyright Act limits the
exclusive rights of copyright owners by allowing "authorized
entities" to reproduce and distribute non-dramatic literary works
in "specialized formats" for the exclusive use of blind or
disabled persons who qualify for services through a national
program supported by the Library of Congress. The term
"authorized entities" includes nonprofit or governmental agencies
that have a primary mission to provide specialized services
relating to training, education, adaptive reading, or information
access needs of blind or other persons with disabilities.
"Specialized formats," which can be reproduced under this
section, include Braille, audio, or digitized text used for
exclusive distribution to blind or disabled persons.
This right to republish text in specialized formats resulted
from a 1996 amendment to the Copyright Act which swept away the
prohibition on converting printed works into Braille or audio
versions without the publishers' consent. The change has helped,
since obtaining permission--as required by prior law--led to
needless and time-consuming delays in the production of books for
the blind. The delays which remain could be reduced even
further, or virtually eliminated, with the use of modern-day
electronic communications methods. Significant improvements in
publishing for people who are blind will not occur, however,
unless the effort is supported by further changes in the
Copyright Act.
Proposed Legislation: Congress should amend the Copyright Act to
require the deposit of a nonvisual, electronic-format edition of
any publication submitted to the Library of Congress for
registration. This proposal seeks to create a workable and cost-
effective means for publishers to support the efficient
conversion of printed matter for nonvisual use. Registration, as
now performed under section 407(a) of the Copyright Act, is
handled by the Copyright Office of the Library of Congress and
presently requires two copies of the "best edition" of a work to
be submitted to complete the copyright registration. The
proposed amendment would add the condition that an electronic
version--prepared in accordance with standards prescribed by the
National Library Service for the Blind and Physically Handicapped
of the Library of Congress--must also be submitted in order for
the registration of the copyright to be complete.
Also, section 407(b) of the Copyright Act specifies that the
copies required for registration "shall be deposited in the
Copyright Office for the use or disposition of the Library of
Congress. Therefore, in order to support the efforts of
"authorized entities" under section 121 of the Act for
reproduction of published works in specialized formats, the
proposed amendment would require the Library of Congress to
provide such entities with access to the published versions of
electronic text. The electronic text would also be immediately
available for use by the National Library Service for the Blind
and Physically Handicapped of the Library of Congress for
convenient and cost-effective use in its book production process.
Need for Legislation: In passing the 1996 amendments creating a
right to republish in specialized formats, Congress acknowledged
the barriers for the blind in obtaining access to literary works
intended for mass distribution. In light of this, the proposed
amendments are the next logical step to take toward a
comprehensive, national solution. At present, fourteen states
have already enacted laws to require publishers to supply
electronic versions of textbooks sold to school districts.
However, these provisions are largely not effective because no
single national standard or process exists for depositing or
retrieving the electronic text files.
In contrast to sighted people who are able to purchase a
plethora of reading matter from readily available commercial
sources, blind people have tax-supported, specialized libraries
as virtually their only source of published literature.
Consequently, even though approximately 62,000 new books are
published in the English language each year, fewer than four
percent are reproduced for use by the blind. Moreover, much of
that which is reproduced becomes available for blind people long
after its general circulation in print.
For people who are blind, this means that information of
value for learning, work, and social integration may not be
available when the need exists. In a society whose members
increasingly depend upon access to information for successful
living, blind people cannot afford to endure a growing gap in
access to knowledge. Amendments to the Copyright Act could help,
however, by putting a process in place for the prompt conversion
of published works into specialized, nonvisual media and by
supporting that process with amendments to the Copyright Act for
a workable, logical, and cost-effective approach.
FACT SHEET
TECHNOLOGY AND LITERACY:
REACHING THE BLIND IN THE INFORMATION AGE
Background: In 1931, with the passage of the Pratt-Smoot Act,
Congress created a national "Books for the Blind" program and
placed it within the Library of Congress. Before that time, the
efforts to provide reading matter to the blind were scarce and
scattered throughout the country, and a coordinated approach to
transcribing books into Braille did not exist.
Today, after sixty-four years of operation, the program
known as the National Library Service for the Blind and
Physically Handicapped (NLS) has been an unqualified success,
demonstrating the wisdom of national coordination in the
specialized transcription of books and magazines on behalf of
blind people. In fact, the NLS is the principal resource used to
provide Braille and recorded reading matter through cooperation
with state and local libraries throughout the United States.
Current Constraints: With an annual appropriation of $46,824,000
for fiscal year 1999, the NLS program can only pay for
approximately 2,405 books and 72 popular magazines to be
reproduced in Braille or recorded audio versions. This means
that newspapers, which are read and discarded by sighted people
often within a day or two of publication, cannot be reproduced.
For example, using current production methods, the
publication of even a single daily newspaper for distribution in
Braille would require several weeks for preparation and delivery.
Therefore, reading matter that is time-sensitive (such as daily
newspapers and most magazines) is excluded from the NLS service.
Inventing Newsline: Based on the lessons learned from national
coordination as demonstrated in the success of the NLS program, a
service for the rapid distribution of electronic text within
minutes of its publication--"Newsline"--has been developed by the
National Federation of the Blind. With Newsline, blind persons
can select articles from seven national newspapers and listen to
the information in full-word synthetic speech presented on the
telephone.
The national papers include: USA TODAY, the CHICAGO TRIBUNE,
the NEW YORK TIMES, the WASHINGTON POST, the LOS ANGELES TIMES,
the WALL STREET JOURNAL, and the TORONTO GLOBE AND MAIL. Papers
of local interest and other information provided on special
channels can also be received on the phone.
Using the touch-tone keypad, the voice presentation can be
individually altered in speed, pitch, and tone quality. For
security purposes, each blind or physically disabled person
eligible for the service is issued both a six-digit personal
identification number and a four-digit security code. Once
admitted to the system the reader can use the touch-tone keypad
to select a newspaper or other information found on the menu.
Combinations of numbers on the phone can then be pressed to move
quickly from section to section within a paper and from article
to article within a section.
These interactive features allow the reader quickly to find
items of interest without having to listen to the entire text.
If the user has questions regarding any of the keypad's
functions, an on-line help feature is also included.
Building the Network: From a pilot site set up in 1994 to
provide USA TODAY to blind readers in the Washington/Baltimore
area, Newsline is growing into a national network with local
service sites now in place from New York City to Los Angeles,
California, and from Minneapolis, Minnesota, to San Antonio,
Texas. At present the network reaches blind people in forty-
eight local communities located in twenty-two states.
The network command center is located in Baltimore,
Maryland. This center receives, processes, and redistributes
electronic text by using the Internet, by satellite link, or by
modem-to-modem transfer of files supplied every day by all
national or local cooperating news organizations. The papers
selected by each local dial-in site are distributed to the site
electronically and are available to callers early in the morning
of publication. The process for receiving the news text and
converting it into a format compatible for Newsline is completely
automated. In fact, the entire transfer of text from the
cooperating news organization to each blind or disabled reader's
telephone is entirely electronic and does not require human
intervention. The news is simply there when the caller dials in.
How Members of Congress Can Help:
(1) Support efforts to bring the Newsline technology into
every state and every Congressional district; and
(2) Join with the National Federation of the Blind in
promoting the use of Newsline among blind and visually impaired
constituents of all ages who may be eligible for this service.
With present funding provided through a variety of state,
local, and private sources, there is still great potential for
the Newsline network to grow. Fewer than half the states are
served. However, with the acquisition of funds to support the
cost of a local dial-in site--approximately $50,000 in first-year
costs to establish and operate the site--any community can join
the growing Newsline network almost immediately. Once in place,
Newsline can be continued from year to year and can reach
thousands of people at a minimal annual cost.
In the approximately 215 Congressional districts in the
twenty-two states now served by Newsline, members of Congress can
help by spreading the word of this service among potentially
eligible constituents. And--in areas not now served--efforts to
acquire the necessary funding must be made. When this is done,
blind people will have equal access to timely information--
including the daily newspaper--through a twenty-first century
communications network available throughout the United States.
David Andrews, dandrews@visi.com
Telnet to nfbnet.org
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