ACB Legislative Updates and Alerts– 46
ACB Comments in Response to NPRMs (Regulatory Guidelines) – 5
ACB presence or influence at Congressional Hearings - 5
Legislation (Bills Tracked) – 64
ACB has followed up on the Transportation Reauthorization this fall which lead to the enactment of SAFETEA-LU and a 46% increase in funding to federal transit programs. This included not only formula grants for the purchase of accessible transit and paratransit vehicles and the implementation of ADA requirements to make public transit accessible; but also increased funding for New Freedom programs that fund accessibility beyond the ADA for items such as detectable warnings at non-key transit platforms, accessible pedestrian signals, and extended routes for paratransit beyond the required ADA limits. This success culminated in the presentation at Legislative Seminar on how to access this funding for programs in people’s home locales.
ACB has had staff attend the Transportation Research Board Annual Conference and the National Council on Uniform Traffic Control Devices Annual Conference. ACB sits on the Access for All Committee (under the Transportation Planning Board), works with Bryna Helfer of the Federal Department of Transportation, sits on the RESNA Standards Committee on Assistive Products for Persons with Vision Impairments and Persons with Vision and Hearing Impairments and as of January co-chairs the CCD Transportation Committee.
In relation to the resolutions, ACB has expressed its stance regarding service animals and the Air Carrier Access Act during the appropriate comment period. In response to the resolution the language that service animals should be defined in the context of those animals trained to perform physical tasks that mitigate the disabilities of their handlers, excluding emotional support animals from that definition of “service animal” was reiterated in a letter to the Department of Transportation. The letter also called upon the Department of Transportation to change its recommendations regarding larger service animals, offering specific alternate language.
ACB pushed very hard to fund Amtrak in response to the Administration’s proposal last year of zero. We were successful in lobbying the Senate to increase the funding to $1.3 million. As of last week the new budget has $900 million for Amtrak in Fiscal 2007 (the same as 3 years ago). From our inquiries it would seem the Administration is more willing to negotiate this year.
ACB has been working to ensure that the Vocational Rehabilitation Act amendments (encompassed in the Workforce Investment Act - WIA) passes into law without amendments that will damage VR services for people who are blind and visually impaired. We have been opposing the Administration’s push for consolidating employment programs into block grants for states, known as WIA plus. We have succeeded in keeping the proposal out of the 2 VR bills in Congress, HR27 and S1021.
ACB has been in direct communication with Assistant Secretary of the Office of Disability Employment Policy at the Department of Labor, Dr. Roy Grizzard, and the Assistant of the Office on Special Education and Rehabilitative Services, John Hager, regarding vocational rehabilitation. In reference to the resolution, ACB is on record as one of the major national organizations opposed to the restructuring of the Rehabilitation Services Administration (RSA). ACB has consistently distributed letters, legislative alerts and updates on the status of VR reauthorization and we will continue to do so as the legislation gets finalized.
ACB spent a significant amount of time during the latter part of 2005 working on the Voluntary Voting System Guidelines. The voluntary guidelines provide a set of specifications and requirements against which voting systems can be tested to determine if the systems provide all of the basic functionality, accessibility and security capabilities required of these systems. In addition, the guidelines establish evaluation criteria for the national certification of voting systems.
ACB made a considerable number of comments and suggestions to the Election Assistance Commission. This was done via letters and face-to-face meetings in addition to the regular comments process. ACB offered language changes and acted as one of the lead investigators for CCD providing summaries and outlines of the effects and impacts of specific language in the proposed VVSG.
On December 13, 2005, the U.S. Election Assistance Commission (EAC) unanimously adopted the 2005 Voluntary Voting System Guidelines and they will take effect in December 2007.
As a result of ACB’s leadership in the voting arena we were part of a successful grant ($5,000) partnered with the National Disability Rights Network to increase education and training for poll workers regarding people who are blind or visually impaired.
ACB reviewed the public statements, writings and judicial decisions of all of the presidential nominees for the Supreme Court to determine whether they had taken positions in opposition to federal or state civil rights laws that impacted the rights of individuals who are blind, visually impaired, or have other disabilities. The information regarding now-Justice Alito was forwarded to the Advocacy Committee because of the significant conflict within the disability community over his nomination.
ACB is engaged in legislative and regulatory initiatives which will promote and enhance opportunities for Randolph-Sheppard vendors. At the present we are working in coalition with other national blindness organizations on a joint Congressional proposal. We have also begun to work on a response to the federal registrar inquiry pertaining to conflicts stemming from NISH with regard to military dining contracts. The initial results of this work can be seen in the proposal highlights incorporated into the 2006 Legislative Seminar information packet and the ACB 2006 Legislative Imperatives.
ACB has been all over the Hill visiting Congress members urging passage of H.Con.Res. 235 and S.Con.Res 71 which encourage states to require that driver’s license candidates demonstrate an ability to exercise increased caution when driving in the proximity of an individual who uses a white cane or guide dog.
ACB has also initiated a number of discussions on the issue of hybrid cars and hopes to move forward with specific action in the upcoming year.
In relation to the resolution, ACB is developing a Media Press Kit to assist affiliates and chapters to undertake concerted public education campaigns to increase awareness regarding the danger to all pedestrians, particularly persons who are blind or visually impaired, when drivers fail to comply with driving laws.
Created to take advantage of ACB lead events such as White Cane Safety Day (October 15) and Pedestrian Safety Day (February 10) it includes documents such as: White Cane Safety History, Facts about Pedestrian Safety, How to Celebrate Suggestions (What to do, who to contact and how to fund it), How to Write a Press Release, Sample Letter to the Editor, Tips on State/Community Recognition, Sample Gubernatorial/Mayoral Proclamation, and Working with the Media Tips.
ACB is currently in private discussions with various retail chains regarding keypad PIN-entry devices that are accessible to the blind and visually impaired for secure and private point-of-sale transactions.
ACB has conveyed the substance of the resolution in face-to-face discussions with the Access Board and on more than one occasion to the heads of the Department of Transportation, Department of Justice, and the Department of Labor and is currently in discussions with some members of the accessibility standard-setting agencies as to the most effective means to encourage proceedings which will lead to final regulatory action.
ACB has had some preliminary discussions with interested members and reviewed some background supporting materials. With the recent advocacy issues relating to healthcare settings and discrimination, we are committed to making the completing of these documents and materials a matter of importance.
ACB has considered the potential rights and looked at current available law. We have included this item in our comments to the Department of Education and plan to write actual language to be put forward. A brief document about our stance and reasons for it are in process.
ACB is moving forward this year to make a concerted effort in the passage of H.R. 951 and S. 900, our video description legislation. From the data gleaned throughout the year visiting House and Senate members and from Legislative Seminar, it has been our understanding that lack of knowledge of what video description is has led to less movement of the bills than we would like. We are starting this new year with a greater emphasis on adding supporters and on personal meetings and opportunities to show examples of such programming in person.
In relation to the resolution, ACB is working on the creation of a set of standards and criteria concerning audio-described programs to better create a package to be able to enter into discussions with the National Association of Broadcasters, the Academy of Motion Picture Arts and Sciences, and the Academy of Television Arts and Sciences to establish awards in specified categories concerning audio-described programming.
We attempted to locate various sites for downloading copyrighted materials containing audio description. To date we have not come across any sites specifically doing this but will continue the search. Such use is common in the general population, so finding unauthorized audio-described content seems just as likely within our community.
ACB has exerted significant efforts during the recent Hurricanes Katrina and Rita in working in cooperation with other disability groups to meet the needs of the communities in the gulf states. ACB provided use of its 1-800 number as a check-in or point of reference, first for our own members and then it expanded to assist any blind person or family members affected by the events. We are pleased to state that we have been able to help individuals obtain new assistive devices and equipment, in addition to pointing them to appropriate resources. ACB was a major force with regard to demanding accessible communications and information in the wake of the hurricanes.
ACB is a strong proponent of various pieces of legislation in the House and Senate regarding the rights of people with disabilities before, during and after an emergency event. S.1865, S. 2124, and S.1724 are just three examples.
As a result of ACB’s involvement, we are now participants in numerous advisory groups to aid in better planning for the future. In addition, ACB has stepped forward in the arena of consumer information and engagement with the creation of two brochures, “Emergency Preparedness for your Service Animal or Pet” and “Emergency Preparedness for Individuals who are Blind or Visually Impaired.”
In coalition with many other groups, ACB was successful in its attempt to prevent the diversion of Social Security funds into private accounts for 2005. Under the plan, as described, it would have a significant negative impact on individuals who received SSDI and SSI. ACB played an active part in spreading the word, offering suggestions and encouraging research and informed decision-making. We were heartened by comments during the State of the Union address where the President called for a bipartisan commission to study how best to reform the system. However, the President’s newest budget request has a proposal to allow younger workers to divert part of their Social Security payroll tax into personal investment accounts.
ACB joined with DREDF in a lawsuit filed against the Social Security Administration for failure to provide correspondence to people who are blind or visually impaired in accessible formats.
ACB also submitted comments on six separate notices of proposed rules from Social Security and met with Commissioner Barnhart personally to discuss access issues and the new Social Security Disability Determination Process.
ACB successfully lobbied for a Medicaid Commission to prevent arbitrary cuts in Medicaid funding. In addition, ACB helped to prevent the conversion of Medicaid to a block grant program. However, because of budgetary matters, we have serious concerns as to how Medicaid issues will play out in a state-by-state basis. ACB is carefully monitoring the initial offering of the Medicare Part D prescription program and has put out a simple single sheet to assist individuals. We have had two meetings to date with the administrator of CMMS, Mark McClellan and expressed our concerns with regard to individuals who are dual-eligibiles who are not able to get their prescriptions due to ongoing confusion in the system.
ACB has been an ardent supporter of the Hate Crimes Prevention act and the inclusion of the term “disability” in the legislation. We are supporting HR 3132 and encouraging its passage in the Senate.
ACB has thoroughly investigated the legislation and at this time, has sent correspondence regarding our stance and reasoning on this issue to the sponsors, co-sponsors and Congressional leadership.
ACB has been active in supporting positive perceptions of people who are blind and visually impaired in the media. ACB has supported and encouraged audio described productions at the American Film Institute, reviewed film from Sirk Productions, commented on a commercial from Heineken and its portrayal of a blind dog guide user, joined as a supporting organization and advisory board member with the People with Disabilities Broadcasting Corporation and is working as a script reviewer for Marvel Studios.
ACB provided comments on the National Instructional Materials Accessibility Standard to the Department of Education in response to their September NPRM stressing that materials be made available to blind and visually impaired students at the same time as their non-disabled peers. ACB also sent comments regarding the access of accessible information for parents, the appropriate provision of Braille and O&M instruction to children, and the requirements for credentialing or licensure of teachers of children with visual impairments.
ACB has been engaged in budget and appropriation negotiations using what influence we have to impact funding for items such as Medicaid, food stamps, and SSI.
ACB followed up on the HUD Housing Summary since the update of July 25 and has been supporting efforts toward more accessible housing within HUD with an emphasis on access for people who are blind and visually impaired. ACB also has been working with the Department of Justice on a project regarding discrimination in housing, specifically against blind and visually impaired guide dog users.
For further information or answers to specific questions please contact me at: 1-800-424-8666 or via email at: Dalmohamed@acb.org