
For more information contact: 
James Gashel 
Director of Governmental Affairs 

                        LEGISLATIVE AGENDA 
                               1996 

FROM:     Members of the National Federation of the Blind 

  TO:     Members of the 104th Congress 

  RE:     Legislative Priorities of Blind Americans 
 
     Public policies and laws affecting blind people have a
profound impact on our entire society.  Most people know someone
who is blind.  It may be a friend, a family member, or a co-worker
on the job.  The blind population in the U. S. is estimated to
exceed 700,000.  Fifty thousand Americans become blind each year. 
By themselves these numbers may not seem large, but the social and
economic consequences of blindness directly touch the lives of
millions.  In the form of its social consequences and to some
extent its economic consequences, blindness affects virtually
everyone.   

     Blind people as a group are engaged in a common struggle for
understanding of what blindness means and public acceptance of our
ability to compete on terms of equality if given the chance.  More
than being a matter of physical disability, the real problems of
blindness are lack of good training, lack of opportunity, and lack
of correct information about blindness among employers and members
of the public at large.  If a blind person has proper training and
opportunity, the physical loss of eyesight itself can be reduced
to the level of a mere nuisance. 

     Public policies and laws that result from misconceptions
about blindness or lack of information are often more limiting
than the loss of eyesight itself.  This is why we have formed the
National Federation of the Blind.  The Federation is a private-
sector resource of knowledge, encouragement, and support for blind
people in the United States and increasingly throughout the world. 
The Federation's leaders and the vast majority of the members are
blind, but membership is open to anyone who wants to join in the
effort we are making to win understanding and equality in society. 
     Blind people are well-organized at the community and
grassroots levels throughout the United States.  Our policy
positions are developed and determined by vote of the blind
themselves.  This is why the Federation is known by lawmakers and
the public as the "voice of the nation's blind."  Our priorities
for the second session of the 104th Congress express our
assessment of issues requiring particular action by Congress on
behalf of the blind this year. 
 
     (1) Congress should enact exempt earnings provisions in the
Social Security Act to promote greater work incentives and
opportunities for persons who are blind or of retirement age. 
This proposal seeks to improve the work incentives provided to
Social Security beneficiaries.  Under a 1977 amendment to the
Social Security Act, the same exempt earnings amount--$960.00
monthly or $11,520.00 annually--(the same amount allowed for
seniors) is allowed for people of working age who are blind.  This
proposal calls for increasing the earnings exemption threshold in
specified increments while preserving the identical exempt amount
for blind people and seniors.  

     People of working age who are blind must not be forgotten as
Congress continues to debate whether changes should be made in the
Social Security retirement test.  A significant relaxation of the
present earnings limitation would encourage thousands of
beneficiaries to increase their work attempts.  Those who
successfully find full- or part-time work will pay taxes rather
than simply drawing benefits.  The results of their greater
efforts to be productive will positively affect the Social
Security system as well as benefiting the individuals and families
involved.  A complete removal of the earnings limitation would
provide beneficiaries with the maximum incentive to work.  In any
case, the statutory linkage which ties the exempt earnings amounts
for retirees and working age people who are blind together should
not be broken and must be consciously kept in mind as the debate
over the future of the earnings test for Social Security
eligibility proceeds.  For more details and an explanation of the 
need for this legislation, see the fact sheet entitled "INCREASING
THE SOCIAL SECURITY EARNINGS LIMIT: A CRITICAL TIME OF DECISION
FOR BLIND PEOPLE."   
 
     (2) Congress should amend the Individuals with Disabilities
Education Act (IDEA) to include provisions for strengthening
programs of Braille literacy instruction.  This can be done by
enacting Braille literacy for blind persons provisions as part of
the Individuals with Disabilities Education Act (IDEA).  Goal Five
of the National Education Goals declares that by the year 2000,
"Every adult American will be literate. . . ."  For blind people
this means having the ability to read and write in Braille at a
level of proficiency which makes performance on equal terms
possible.  Without legislative change, today's blind children will
not be able to meet this national goal.  

     As many as 32% of the blind students enrolled in elementary
and secondary schools in the U.S. during the last school year were
classified as "non-readers."  Fewer than 10% read Braille. 
Current federal and state laws require that an appropriate
educational opportunity must be provided to children with
disabilities.  Each such child is to have an individually planned
program of instruction to meet identified needs, but growing
illiteracy for blind children has been the result.  Remedial
federal legislation, similar to laws now enacted in 26 states, can
help to reverse this trend.  For more details and an explanation
of the need for this legislation, see the fact sheet entitled
"BRAILLE LITERACY AND THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT."   

     (3) Congress should amend the Copyright Act in order to
permit non-commercial reproduction and distribution of published
works in specialized media exclusively for use by blind or
disabled persons.  This proposal would establish an extremely
narrow and targeted limitation on the exclusive rights of
copyright holders.  The provision would specify that it is not an
infringement of copyright for a nonprofit or governmental entity
to convert published works into formats appropriate for
distribution exclusively for use by blind or other persons with
disabilities who cannot physically use standard print.

     Bills now pending--H.R. 2441 and S. 1284--each include a
variant of this specialized accessible media proposal.  The
primary purpose of both bills is to adapt U.S. copyright laws to
developments in modern technology and the potential of the
National Information Infrastructure.  While the language contained
in these bills acknowledges the need for improved copyright
provisions to promote production of publications in specialized
media, the proposed new section would institute a one-year waiting
period for conversion of published works into formats which blind
people can use.  For this and other reasons, including lack of
clarity of terms, a proposal for modifying the language is being
offered.  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 COULD HELP."

     People who are blind are asking for your help in securing
positive action by Congress in the areas outlined here.
Legislative proposals will be offered to achieve each of our
specific objectives.  Many priorities confront this session of
Congress, but the needs of the nation's blind must not be
overlooked.  We of the National Federation of the Blind stand
ready to assist our representatives and senators to understand our
needs and to take meaningful action to address them.  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.


For further information contact: 
James Gashel 
Director of Governmental Affairs  

                            FACT SHEET

          INCREASING THE SOCIAL SECURITY EARNINGS LIMIT:
           A CRITICAL TIME OF DECISION FOR BLIND PEOPLE

BACKGROUND:  The Social Security earnings limit, also known as the
"retirement test," is widely recognized as causing a significant
work disincentive.  For this reason Congress is moving toward
final approval of a bill to raise the earnings limit by specified
increases over seven years.  Two separate bills--H.R.2684, which
passed the House in December, and S.1470, which is pending on the
Senate calendar--would change the earnings limit and are likely to
receive further consideration before Congress adjourns next fall. 


     Blind people of working age will suffer a severe setback if
the House-passed approach to the earnings limit changes becomes
law.  This is because the House bill would repeal a provision in
the Social Security Act which exempts earnings of blind people and
senior citizens to the same extent.  The effect of the repealer
provision--Section 2(b)(2) of H.R.2684--would be an earnings limit
for seniors of $30,000 beginning in 2002 while the limit in effect
for blind people would be less than half that amount.  The reason
for increasing the seniors' exempt amount is to diminish the
disincentive caused by the present $11,520 earnings limit and to
increase work and productivity.  By the same reasoning, the higher
earnings exemption should also apply to blind people who, like the
seniors, are penalized for working.

EXISTING LAW: Section 216(i) of the Social Security Act specifies
what "blindness" means.  The definition of blindness is clearly
stated in medical terms.  Therefore, blindness can be determined
quite reliably on the basis of objective medical evidence.  This
unique feature of the Social Security Act makes blindness the only
defined disability.  All other disabilities are determined on the
basis of an individual's "inability to engage in substantial
gainful activity."  This inability is actually hard to determine
reliably in many cases.  

     Although blindness is precisely defined, monthly disability
insurance benefits are not paid to all persons who are blind. 
Under the law, benefits are only paid to those people who are
blind and who do not have substantial earnings.  Wealth not
resulting from current work activity does not count as earnings
and has no effect on eligibility.  Only work is penalized, just as
with retirees.  The amount of earnings considered to be
"substantial" for working people who are blind is the same amount
that senior citizen retirees may earn without having their Social
Security benefits reduced due to excess earnings.  This amount is
currently $960 monthly or $11,520 annually.  Precisely the same
section of the Social Security Act--paragraph (D) of Section 203
(f)(8)--is used to establish the respective exempt earnings
standards for retirees and for persons of any age who are blind. 
PROPOSED AMENDMENTS:  The amendments made by H.R.2684 and S.1470
are identical in respect to phased-in adjustments in the earnings
limit.  The modifications to the earnings limit would occur over a
seven-year period.  Section 2(b)(2) of either bill would
specifically exclude blind people from the mandated adjustments.  
     In order to address this inequity, Senator Jeff Bingaman has
prepared an amendment to be offered during floor consideration of
S.1470.  His amendment is designed to preserve the linkage of
earnings exemptions for blind people and seniors.  The National
Federation of the Blind (along with every other organization
having interests in the blindness field) strongly supports this
amendment and opposes the linkage-breaking provision passed by the
House.  By creating an earnings limit that is lower for blind
people than for seniors, the House-passed bill would apply a harsh
work disincentive policy to blind Americans.  

     Although H.R.2684 passed the House in December, support among
House members to retain the linkage of earnings exemptions in a
final bill is substantial.   Attesting to this, a concurrent
resolution--H.CON.RES 23 by Congresswoman Barbara Kennelly--has
attracted 179 cosponsors.  This expressed support is still
building and must be considered when negotiations occur on the
final bill.  

NEED TO REMOVE WORK DISINCENTIVES:  Continuing the existing policy
by mandating the adjustments in the earnings limit for blind
people as well as for age sixty-five retirees will assure that an
estimated 104,300 blind beneficiaries will receive a powerful work
incentive.  Most blind people could then not lose financially by
working.  The mandated earnings limit changes if made applicable
to blind people would be cost-beneficial, since among those of
working age 70 percent are currently unemployed or underemployed. 
Most of them are already beneficiaries.  At present their earnings
must be strictly limited to $960 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 of the 104,300 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 as the debate proceeds toward modifying the Social
Security retirement test.  Just as with hundreds of thousands of
seniors, their positive response to the higher amounts of earnings
allowed will bring additional revenues into the Social Security
trust funds.  Work, productivity, and the opportunity for more
people to pay taxes are constructive and valid goals for blind
people and senior citizens alike.


For further information contact: 
James Gashel 
Director of Governmental Affairs 

                            FACT SHEET 

                         BRAILLE LITERACY
       AND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT 
 
BACKGROUND:  The National Literacy Act of 1991 defines "literacy"
as "an individual's ability to read, write, and speak in English,
and compute and solve problems at levels of proficiency necessary
to function on the job and in society to achieve one's goals and
develop one's knowledge and potential."  This definition points up
the critical importance of emphasizing high-quality literacy
training programs for all Americans.  For blind Americans,
especially school-age youth, the need is no less critical.  Yet,
surprisingly few students who are blind or visually impaired
receive instruction in Braille as a part of their elementary and
secondary education programs.   

     Blind students are generally defined as those who see less
than 10 percent of what is seen by someone with normal eyesight.
During the 1993-1994 school year there were approximately 54,000
such children enrolled at the elementary and secondary levels in
the U. S.  Only 5,064 of these students read Braille.  The vast
majority use print materials even in situations in which reading
with sight is an unrewarding, never-ending daily struggle. 
Educators often resist teaching Braille until students are unable
to make any progress at all in school by using print.  As a
result, Braille has become not the method of choice but the method
of last resort.   
 
EXISTING LAW:  The Individuals With Disabilities Education Act
(IDEA) contains federal standards for special education and
related services to be provided to children with disabilities
throughout the U.S.  The most important standard is that each such
child is entitled to a "free, appropriate public education." 
Education agencies, both state and local, receive federal funding
to assist in meeting this mandate.  When special education
services are provided to a child there must be an Individualized
Education Program (IEP) to describe the needs of the child for
special instruction, the services to be provided, and the goals to
be achieved.  The law also requires the use of qualified personnel
to deliver services.     

     The components of an "appropriate education" are not strictly
defined in IDEA.  As a result, it is easy and tempting for school
personnel to determine a child's needs largely on the basis of the
school's capacity (or lack of capacity) to provide special
instruction or services.  This being the case, blind students who
may have even a limited ability to read print are guided toward
receiving instruction in that form instead of using Braille. 
Procedural safeguards, including the right to challenge decisions
through administrative and court appeals, exist under IDEA, but
such proceedings are time-consuming and costly in financial and
educational resources.   

PROPOSED LEGISLATION:  Congress should amend the Individuals with
Disabilities Education Act to include provisions for strengthening
programs of Braille literacy instruction.  Grants to state and
local education agencies are permanently authorized under part B
of IDEA.  However, the authorization of funds for certain
ancillary programs under IDEA technically expired on September 30,
1995.  Bills to extend the expired authorizations are being
reviewed in both the House and the Senate.  

     The proposal for federal legislation on Braille literacy is
necessary to support laws with a similar purpose which 26
states have now enacted.  These laws require individualized
assessment of a blind student's need for Braille.  The federal
legislation will be designed to ensure that Braille instruction
and services are actually included in each blind child's IEP
unless all members of the planning team agree that use of Braille
is not necessary to meet the child's literacy needs.  Specific
language to incorporate this requirement into section 614 of IDEA
is expected to be included in a reauthorization bill which the
House Committee on Economic and Educational Opportunities will
consider during the present session.  
 
NEED FOR LEGISLATION:  It is the policy of our nation as stated in
the National Education Goals that by the year 2000, "Every adult
American will be literate and will possess the knowledge and
skills necessary to compete in a global economy and exercise the
rights and responsibilities of citizenship."  In order for blind
adults to achieve this goal, literacy instruction must be
strengthened for children.  The direction of current trends and
educational programming shows that this goal will not be achieved
without deliberate corrective action.  According to official child
count figures supplied annually by state and local education
agencies, 32% of the blind students at the elementary and
secondary levels are "nonreaders," and the percentage of
nonreaders increases every year.  The number who read Braille is
correspondingly declining.   

     The experience gathered in many states over several years
shows that a legislative response is needed to reverse this trend
of growing illiteracy among blind school-age youth.  By enacting a
strong Braille literacy provision when programs under IDEA are
reauthorized this year, Congress can provide the leadership to
ensure that blind students graduate from our nation's schools
literate and armed with the necessary skills to be first-class
citizens of our society.


For more information contact:
James Gashel
Director of Governmental Affairs

                            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 the fact that
the great mass of readers can be reached cost-effectively with the
printed format.  Also, publishers do not consider formats, other
than standard print, to be cost-effective.  This is largely so
because of the extremely small market for non-ink- print editions
of published works and the cost and complexity of using other
media.

     Even so, publishers have the right by law to cry foul if a
nonprint edition of a published work is reproduced and circulated
by another source. This right can be enforced even if
republication using specialized media and reaching a unique
audience, such as blind people, is sponsored and paid for by a
noncommercial source.  In fact, conversion of published text into
Braille or other usable formats for the blind is done as a
nonprofit or governmental public service in virtually every
instance.  However, the service cannot be provided until the
copyright holder's approval is obtained.

EXISTING LAW:  Section 106 of title 17, United States Code, known
as the Copyright Act, presently gives copyright holders the
exclusive right to circulate published works. The copyright
holder's exclusive rights apply to any format in which the
published work might be re-distributed.  The same rights also
apply even if the distribution format used by the copyright holder
by its very nature prevents effective use of the material by blind
people.  The only applicable limitation on a copyright holder's
exclusive right in this regard permits noncommercial broadcast
transmission of information under narrowly prescribed conditions
for use by blind, deaf, or other persons with disabilities who
cannot use standard printed matter.

     Section 710 of title 17 provides authority for copyright
holders voluntarily to wave exclusive publication rights in
accordance with regulations made by the Librarian of Congress. 
The purpose for this voluntary process is to permit transcription
of nondramatic literary works into Braille or sound recorded
formats.  This section makes possible a national network of
specialized library services for blind and disabled persons with
leadership from the National Library Service for the Blind and
Physically Handicapped of the Library of Congress.

PROPOSED LEGISLATION:  Congress should amend the Copyright Act in
order to permit noncommercial reproduction and distribution of
published works in specialized media exclusively for use by blind
or disabled persons.  This proposal would establish an extremely
narrow and targeted limitation on the exclusive rights of
copyright holders. The provision would specify that it is not an
infringement of copyright for a nonprofit or governmental entity
to convert or distribute published works in formats exclusively
for use by blind or other persons with disabilities who cannot
physically use standard print.

     Bills now pending--H.R. 2441 and S. 1284--each include a
variant of this specialized accessible media proposal.  The
primary purpose of both bills is to adapt U.S. copyright laws to
developments in modern technology and the potential of the
National Information Infrastructure.  The language grants
non-profit organizations the right to reproduce or distribute
Braille, large type or other editions of literary works if the
copyright holder has not entered the market with such editions
within one year from the date of original publication.  The
audience for the specialized media is not precisely defined other
than the obvious inclusion of blind and visually impaired persons.

NEED FOR LEGISLATION:  The pending amendments to the Copyright Act
are needed to support the further development and use of the
evolving National Information Infrastructure as well as to protect
the legitimate intellectual property interests of authors and
publishers.  Beyond this, since use of printed media is no longer
the only option for dissemination of published material in many
instances, the advancements being made in technology used to
create, store, retrieve, and disseminate ideas hold great promise
for blind and visually impaired people.

     In contrast to sighted people who are able to purchase a
plethora of reading matter from readily available commercial
sources, blind people in the general population have
tax-supported, specialized libraries as virtually their only
source of published literature.  Suppliers, other than specialized
libraries, do exist for disseminating textbooks in Braille and
spoken-word formats, but the population they serve consists mainly
of elementary, secondary, and postsecondary students.  The
libraries provide Braille and "talking book" services to
approximately 800,000 people nationwide.

     Funds for mass reproduction of reading matter for the blind
do not go very far in meeting the real needs of this diverse
population.  In books alone, as many as 40,000 new titles are
published in the English language each year.  Using libraries as
exclusive suppliers, less than 5 percent of these newly published
works are converted annually into Braille or sound-recorded
formats.  Moreover, delays sometimes exceeding a year can result
from the present copyright clearance system.  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 allowing immediate conversion of published works
into specialized media and by promoting greater use of
alternatives to ink print in publishing technology.
