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.