Software Vault: The Gold Collection/Software Vault - The Gold Collection (American Databankers) (1993).ISO/cdr12/tele_acc.zip/OWENS.TXT

Text File | 1993-06-03 | 24KB | 580 lines

                TESTIMONY OF HON. MAJOR R. OWENS

    CHAIR, SUBCOMMITTEE ON SELECT EDUCATION AND CIVIL RIGHTS


                             BEFORE


                   THE SUBCOMMITTEE ON SCIENCE

          COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY,


                               ON

         "THE HIGH PERFORMANCE COMPUTING AND HIGH SPEED

              NETWORKING APPLICATIONS ACT OF 1993"

                           MAY 6, 1993










     I would like to thank Chairman Boucher and the other Members
of the Subcommittee for giving me the opportunity to testify on
an issue of tremendous importance to our nation's competitiveness
in the global economy.
     In the past thirty years, we have experienced a sea of
change in understanding and defining ourselves as reflected in
the passage of the Voting Rights Act of 1964, the Americans With
Disabilities Act of 1990, and the Civil Rights Act of 1991.  Each
is now the law of the land and serves to enfranchise and empower
those Americans who historically have been excluded from the full
benefits of citizenship.
     As the Congress looks forward to the twenty-first century,
we must establish laws which include and reflect the nation's
diversity.  We must look for new challenges and seek new ways to
ensure inclusion, not segregation, for all citizens.  Access to
information via the telecommunications infrastructure represents
an area of critical importance for all Americans.  Our future
electronic village must contain no barriers; the frontier of the
tele-community must be open to every American; we must ensure
that no gateway is closed to any user based on color, sex, race,
religion or disability.
     I would like to see the plan to develop the federal role in
the "High Performance Computing and High Speed Networking Act of
1993" strengthened to reflect the diversity that we now recognize
as America.  For there is a danger.  There is a potential chasm
growing between those who are `information poor' and those who
are `information rich' in the emerging 21st century telecommuni-
cations networks if Congress does not address the technical and
affordability issues from the start.  The federal role, in our
partnership with our private sector associates, is to require
that this diversity be addressed.
     Therefore, I come before you today to speak on behalf of the
millions of Americans who potentially could become part of `the
information poor', those who are at risk of being left out of the
new electronic communications world we envision.  I want to
ensure that as Congress directs the Federal Communications
Commission, in its regulatory capacity, to make available, to all
the people of the United States, a rapid, efficient, Nation-wide
communication service, that `all the people' means all residents
of the United States.  I want to be sure that `all the people'
includes those persons who have historically been among the
underserved in our diverse population.  This includes individuals
in rural and urban areas, as well as individuals with disabili-
ties or functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information.  There-
fore, we should work to ensure that our citizens who happen to be
blind, who happen to be deaf, who happen to have speech or
physical disabilities, or who are minorities, or old or poor, are
provided access to all benefits included in this Act.
     The federal role must ensure that we provide for the
expansion of opportunities through our investment in networks and
high speed computers.  Our investment must also improve equality
of opportunity, promote full participation, encourage independent
living and economic self sufficiency for every American.  We know
that every individual is capable of communicating, and knows best
how to convey his or her thoughts to others. I expect the federal
role in high speed computing and networking to ensure extension
of this same basic common courtesy of interacting with people
with disabilities that is extended to every one else in receiving
the services, privileges, and advantages to be offered by our
private sector colleagues via the network.  We must require that
all expressive and receptive electronic communications is readily
usable and affordable by persons with disabilities, thereby
ensuring that the system will be user friendly for every
American, young and old.  We must respect and give primary
consideration to the requests of our citizens with functional
differences in hearing, vision, movement, manipulation, speech
and interpretation of information, as we develop technical
standards and protocols.  We must address how network capacity
for voice synthesis or speech translation, for instance, or for
videophone technology, will accommodate the needs of those with
every disability.
     I envision a `universally accessible network' as one
constructed to provide electronic access by individuals with
disabilities at rates no greater than the rates paid by others
with respect to such factors as the duration of use, time of day
and geographic distance involved in utilizing the network.

We also need to think of "electronic means" as a variety of
formats to accommodate individuals with the full range of
functional limitations.  We must consider multiplicity or
redundancy of channel to ensure that individuals who are blind,
for instance, can also hear the data or images that are "pulled
down" from a data base.  We must consider those who use
alternative and augmentative communication devices, voice
synthesizers if you will, when they use the electronic com-
munication networks we envision.  With "electronic curb cuts"
designed for our citizens with disabilities, with built-in
circuitry and software that accommodates their needs for multi-
channel reception and transmission, we can be sure of a system
friendly to all.
     Real inclusion will not be achieved unless due attention is
given to the barriers to access which minorities and individuals
with disabilities face.  As a librarian, I cannot stress enough
the importance of public libraries as a vital source of informa-
tion for urban and rural communities.  I would recommend that the
bill recognize public libraries as central to a free and compre-
hensive information delivery system available to everyone.
     If Congress establishes a federal role that includes the
diverse needs of every American, we will ensure America's steady
march forward.  We will renew and rebuild the American Dream once
again, this time as part of the revolution in electronic communi-
cation.

     Mr. Chairman, if there is no objection, I would like to
submit for the record a list of recommendations which I feel will
strengthen the bill.




RECOMMENDATIONS FOR AMENDMENTS TO CHAIRMAN BOUCHER'S BILL (H.R.
1757), "HIGH PERFORMANCE COMPUTING AND HIGH SPEED NETWORKING
APPLICATIONS ACT OF 1993."

By Hon. Major R. Owens, Chairman of the Subcommittee on Select
Education and Civil Rights.
                           ***********

CREATE A DEFINITIONS SECTION. New SECTION 3 and RENUMBER
REMAINING SECTIONS

"All Americans" means all residents of the United States,
including (1) historically underserved populations in urban and
rural areas, and (2) individuals with disabilities or functional
limitations of hearing, vision, movement, manipulation, speech
and interpretation of information.
[Note:  "The public" and "all persons" should be defined by the
same language.]

The terms "educators," "teachers," "students", "librarians", and
"nonspecialists," include historically underserved populations
and individuals with disabilities or functional limitations of
hearing, vision, movement, manipulation, speech and
interpretation of information, in addition to minorities.

The term "libraries" includes public libraries.

The term "at risk" includes the demographically diverse
populations specified in the definition of "all Americans."

The phrase "comprehensive and free delivery system" (added to
Section 306(a) below) means that "all Americans" as defined above
will be able to obtain free public access to high speed computer
networks, regardless of the ability to pay.

The phrase "accessible and usable by all persons in the United
States" (as used in Section 301(1) of the bill) means making all
expressive and receptive electronic communications accessible
also to persons with disabilities, and recognizes that every
individual is (1) capable of communicating; and (2) knows best
how to convey his or her thoughts to others;  and (3) extends the
same basic common courtesies of interacting with people with
disabilities that are extended to others in receiving the goods,
services, facilities, privileges, advantages, or accommodations
offered by an entity and shall give primary consideration to the
requests of individuals with disabilities.  The phrase also means
ensuring that the electronic communications environment to be
created allows and encourages persons with motor, cognitive,
hearing, speech or vision disabilities to effectively express
themselves, understand others, and/or receive or send information
and signals over the telecommunications infrastructure so that
they communicate effectively with others.


RATIONALE FOR THE ABOVE DEFINITIONS:
     Defining the above terms as noted would secure meaningful
access to the benefits of high performance computing for all
people, regardless of personal wealth, and including historically
underserved populations and individuals with disabilities.

SEC. 2 FINDINGS. Paragraph (6)

Page 3, Line 16. ADD STATUTORY LANGUAGE.

... by electronic means, in a variety of formats to accommodate
individuals with the full range of functional limitations,...


RATIONALE FOR THE ABOVE CHANGE:
     Since "all Americans" are intended to be able to access
information from high speed networks, multiple formats must be
available for those with functional limitations.  For example,
individuals who are visually impaired can listen to data which is
"pulled down" from a data base.

Page 3. Lines 17-18. ADD to the Findings a new (7) to read:

     high performance computing and high speed networking
     have the potential to expand opportunities for full
     participation of Americans who have functional
     limitations of hearing, vision, movement, manipulation,
     speech and interpretation of information in society,
     resulting in social and economic benefits to the
     nation; and to improve equality of opportunity, full
     participation, independent living and economic self-
     sufficiency for Americans with disabilities

RATIONALE FOR THE ABOVE CHANGE:
     With the passage of the Americans with Disabilities Act of
1990 and The Rehabilitation Act Amendments of 1992, it now is
presumed that people can achieve employment and independent
living goals regardless of the severity of disability.  By
empowering people with disabilities with access to large volumes
of information, this bill helps to make the presumption of the
aforementioned laws become reality.


SEC. 3. APPLICATIONS OF THE HIGH-PERFORMANCE COMPUTING PROGRAM.

Sec. 302. PLAN FOR COMPUTING AND NETWORKING APPLICATIONS.

Page 6, line 2, ADD STATUTORY LANGUAGE

(c) collaboration with nonfederal entities

...[delete "and"] , private sector entities and non-profit
entities.

RATIONALE FOR THE ABOVE CHANGE:
     Non-profit entities should be included in some government
partnerships because they are particularly responsive to the
diverse needs of the entire American population.

(d) PROGRESS IN IMPLEMENTING PLAN

Page 6. Lines 19 and 20. STATUTORY LANGUAGE TO BE ADDED

..., and estimate of the demographic diversity of these users,
including those groups specified in the definition of "all
Americans."

RATIONALE FOR THE ABOVE CHANGE:
     Since this bill is intended to "directly benefit all
Americans," it is not sufficient to evaluate the progress of
implementation merely by estimating the number of users served.
The demographic diversity of the users also must be surveyed.

Sec. 304. COORDINATOR

Page 8, paragraph (4). REPORT LANGUAGE

... and the public. Members of the public can be those entities,
such as non-profit associations, that represent and advocate on
behalf of users of the telecommunications infrastructure who have
functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information.

SEC. 306 NETWORK ACCESS
(a) CONNECTIONS PROGRAM

Page 10, line 4. ADD STATUTORY LANGUAGE.


Add phrase at end of the line:  ...each other , and which will
provide a comprehensive and free delivery system to the public;

RATIONALE FOR THE ABOVE CHANGE:
     Since this bill is intended to "directly benefit all
Americans," people must be able to access the computer networks
in their communities, regardless of their level of income.

(b) TRAINING

Page 10, line 19. ADD STATUTORY LANGUAGE

to train teachers .... and State and local government personnel
in the use of computer networks and the Internet, including
teachers, students, librarians, and government personnel who have
functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information, or who
are members of historically underserved populations.

RATIONALE FOR THE ABOVE CHANGE:
     Training will not serve its purpose of teaching "the public"
how to access information unless members of historically
underserved populations and people with disabilities are trained,
too.

(c) REPORT.

Page 11. Line 19. ADD STATUTORY LANGUAGE. CREATE NEW PARAGRAPH
(4) AND RE-NUMBER

(4)  an assessment of the factors limiting access to the Internet
     by the public, including historically underserved
     populations in urban and rural areas, and individuals who
     have functional limitations of hearing, vision, movement,
     manipulation, speech and interpretation of information.

RATIONALE FOR THE ABOVE CHANGE:
     Since this bill is intended to "directly benefit all
Americans," it is not sufficient to assess factors limiting
access by various institutions without also assessing factors
limiting access by individuals.

PAGE 11. ADD SENTENCE AT END OF EXISTING PARAGRAPH (4) NOW
RENUMBERED AS (5)

These recommendations must include input from entities that will
facilitate access for the public, including historically
underserved populations in urban and rural areas, and individuals
who have functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information.

RATIONALE FOR THE ABOVE CHANGE:
     Expanding "connectivity" to the Internet for schools and
libraries is an empty promise unless backed up by guarantees of
public access to the computer networks.

SEC. 307. RESEARCH IN SUPPORT OF APPLICATIONS

Page 13. Line 2-3. ADD NEW SECTION (d) and re-number (e)

     (d)  The Plan shall specify pilot projects that support
     investments in the national information infrastructure that
     enable access and communication in response to the needs of
     individuals with functional limitations of hearing, vision,
     movement, manipulation, speech and interpretation of
     information.


RATIONALE FOR THE ABOVE CHANGE:
     Meaningful access to computer networks for Americans with
disabilities will become a reality only if the technologies
necessary for them to use the networks continue to be developed.

SEC. 308 APPLICATIONS FOR EDUCATION

(a) IN GENERAL.

Page 14, line 4.  ADD STATUTORY LANGUAGE.

(A) teacher training, which includes training of teachers in
regular and special education programs; and

RATIONALE FOR THE ABOVE CHANGE:
     Teachers who instruct students with disabilities in special
education programs must have equal access to the latest teaching
techniques, so that they may serve their students as well as
their counterparts in regular education.


Page 14, line 8. ADD STATUTORY LANGUAGE. Add after "skills".

, and workforce training that addresses the needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information, such as
supported employment programs.

RATIONALE FOR THE ABOVE CHANGE:
     This provision serves as a powerful complement to the
Americans with Disabilities Act by providing individuals with
disabilities with the training necessary to acquire specific
jobs.

Page 14. Lines 11-12. ADD STATUTORY LANGUAGE. NEW PARAGRAPH (a)
(4).

(4) Development of computer software and hardware to promote
equal access and full participation of students with disabilities
in regular education;

RATIONALE FOR THE ABOVE CHANGE:
     Equal access to education for Americans with disabilities
will become a reality only if the hardware and software necessary
for their full participation continue to be developed.

(b) ELEMENTARY AND SECONDARY EDUCATION

Page 15, lines 5 and 6. REVISE (B) and ADD A NEW (C) AS FOLLOWS.

(B) address the needs of historically underserved populations in
urban and rural areas;

(C) address the needs of individuals with functional limitations
of hearing, vision, movement, manipulation, speech and
interpretation of information.

RATIONALE FOR THE ABOVE CHANGES:
     Since this bill is intended to strengthen national
educational "restructuring and reform," it must address the
diverse needs of the entire U.S. population.

Page 15, Line 9. ADD a phrase.

... projects, including special education, ...

RATIONALE FOR THE ABOVE CHANGE:
     Since this bill is intended to strengthen national
educational "restructuring and reform," it is not sufficient to
collect and disseminate information about education projects
without also including special education projects.

SEC. 309. APPLICATIONS FOR HEALTH CARE
(c) HEALTH INFORMATION TO THE PUBLIC.

Page 18. Line 2. ADD STATUTORY LANGUAGE.

[delete and], [ADD phrase at end], state projects funded by P.L.
100-407, and Centers for Independent Living.

RATIONALE FOR THE ABOVE CHANGE:
     Since people with disabilities suffer from a variety of
chronic conditions, health information is very important to them.
The state projects funded by P.L. 100-407 ("Technology-Related
Assistance for Individuals with Disabilities Act of 1988") and
Centers for Independent Living are key information access points
for individuals with disabilities.

(d) HEALTH DELIVERY SYSTEMS AND POPULATION DATA SETS.

Page 20, lines 2-3.  ADD STATUTORY LANGUAGE. CREATE NEW PARAGRAPH
(4).

(4)  data collection concerning populations not traditionally
     considered part of the mainstream health delivery system,
     and whose needs might not be addressed in the data gathering
     effort because of their residential status in segregated
     living facilities such as in Skilled Nursing Facilities
     (SNFs), or Intensive Care Facilities for the Mentally
     Retarded (ICF/MRs), or other public or private residential
     facilities, such as group homes or other living
     arrangements.

RATIONALE FOR THE ABOVE CHANGE:
     Since the new computer networks will be used to facilitate
health data collection, the gathering of such data should not be
limited to tracking mainstream health delivery trends if "all
Americans" are intended to benefit from the information.

SEC. 310. APPLICATIONS FOR LIBRARIES
(a) IN GENERAL

PAGE 20. LINE 13. ADD SENTENCE AFTER "INFORMATION".

These library development activities shall take into account the
needs of individuals with functional limitations of hearing,
vision, movement, manipulation, speech and interpretation of
information, in the development of software, formats, training
and other related activities required by this section.

(b) DIGITAL LIBRARIES

Page 21, Line 8. Add phrase at end of paragraph.

... that respond to the needs of individuals with functional
limitations of hearing, vision, movement, manipulation, speech
and interpretation of information.

Page 21, Line 11. Add phrase at end of paragraph.

... that respond to the needs of individuals with functional
limitations of hearing, vision, movement, manipulation, speech
and interpretation of information.

Page 21, Line 14. Add phrase at end of paragraph.

... , including users and librarians who are members of
historically underserved populations, or who have functional
limitations of hearing, vision, movement, manipulation, speech
and interpretation of information.

RATIONALE FOR ALL OF THE ABOVE CHANGES TO SECTION 310:
     The development of "digital libraries" will not serve the
bill's goal to "directly benefit all Americans" unless: (1)
librarians and "the public" are trained to access the information
available; and (2) the information is provided in multiple
formats, so that individuals with the full range of functional
limitations are able to access the information available.

SEC. 311. APPLICATIONS FOR GOVERNMENT INFORMATION
(a) IN GENERAL

Page 23, line 7. ADD STATUTORY LANGUAGE

... and local governments.  Such projects will identify and
eliminate the barriers which prevent individuals with
disabilities and historically underserved populations from
gaining access to government information. ....

RATIONALE FOR THE ABOVE CHANGE:
     Unless the barriers to access for historically underserved
populations and individuals with disabilities are eliminated,
meaningful "public" access to government information will not be
achieved for "all Americans."

(b) PROJECTS.

Page 23. Line 18. add a phrase after "information"

..., including databases available through state projects funded
pursuant to P.L. 100-407.

RATIONALE FOR THE ABOVE CHANGE:
     The databases available through the state projects funded
under P.L. 100-407 are an important source of information for
people with disabilities.  The information on these databases
details the types of assistive devices available; the companies
that manufacture them; the distributors that sell them; and the
businesses that service them.

SEC. 4. HIGH PERFORMANCE COMPUTING AND APPLICATIONS ADVISORY
COMMITTEE

Page 24, line 22. ADD TO STATUTORY LANGUAGE AS FOLLOWS.

... and secondary education, special education, .... library
communities, consumer and public interest groups (including those
representing the interests of historically underserved
populations and individuals with disabilities), ...

RATIONALE FOR THE ABOVE CHANGE:
     Since this bill is intended to "directly benefit all
Americans," the composition of the Advisory Committee should be
as diverse as the American population which it seeks to serve.

SEC. 7. CONFORMING AMENDMENTS

Page 31, line 21. ADD SENTENCE AFTER "NATION".

...,in which access by individuals with functional limitations of
hearing, vision, movement, manipulation, speech and
interpretation of information is equivalent to that provided to
people without disabilities, at rates no greater than the rates
paid for functionally equivalent services with respect to such
factors as the duration of use, time of day, and geographic
distance involved in utilizing the network; and in which access
is guaranteed regardless of ability to pay.

RATIONALE FOR THE ABOVE CHANGE:
     This provision ensures equal access to information for "all
Americans," regardless of disability or level of income.