Twenty-first Century Communications and Video Accessibility Act of 2010

Floor Speech

BREAK IN TRANSCRIPT.

Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, it is great to see you, my colleague from New England, presiding in the chair today at this historic moment. You are always going to have a permanent place in the history of our country. You are a great leader and an inspiration to all of us. And everything that we are doing today is inspired by your incredible personal courage. With the incredible example that your service to the House is providing, I am confident that you will not be the last who will sit up there and preside, but only the first in a long line.

Now since I introduced the legislation before us today, we have engaged in a bipartisan, extensive, and constructive process with stakeholders to find common ground on the legislative language and to move forward with this bill. I want to thank the leadership of Chairman Henry Waxman, without whom we would not be here today, Rick Boucher, who worked over the last year to construct this legislation before us, to Cliff Stearns from Florida, who worked in a bipartisan fashion to craft this historic legislation which we are about to consider, to Joe Barton from Texas, who ensured that from the very beginning this would be a bipartisan effort that we would put together in order to pass the historic legislation that is today before us.

I would like to think that Helen Keller and Annie Sullivan are looking down on us here this afternoon and that they are smiling. This picture of the two of them was taken in 1888 in Brewster, Massachusetts, on Cape Cod. I am so proud to have the Perkins School for the Blind, where Annie Sullivan graduated and Helen Keller was educated, in my congressional district in Watertown, Massachusetts.

When they met 122 years ago, they were a stunning study in contrast: Alabama and Massachusetts, a daughter of the south, a young woman of Irish descent traveling south from Boston. Nevertheless, they changed the world together, these two miracle workers.

They shattered expectations about what a person who was deaf or blind could achieve. Now, I am an American of Irish heritage from Boston, and my mother was a Sullivan. She always told me that her relatives were a particularly smart and determined lot, but I can only imagine the bottomless resolve and resilience Annie Sullivan must have needed to navigate her way in the South in the aftermath of the Civil War.

Whether it is a Braille reader or broadband connection access to technology, it is not a political issue. It is a participation issue. Each of us should be able to participate in the world to the fullest extent possible; and the latest communications, video services and devices can enrich and ennoble how Americans experience and enjoy their lives.

We are debating this bill today on the 20th anniversary of the Americans with Disabilities Act, which the first President George Bush signed into law, underscoring the nonpartisan nature of this vital issue. The 20th anniversary is an opportunity to look back and to reflect on the progress which we have made. Coming out of the Energy and Commerce Committee's Telecommunications Subcommittee over the last two decades have been a whole series of legislative initiatives aimed at broadening the disabled community's access to technologies that can help them do things that most Americans take for granted.

In 1990, we made sure that Americans who are deaf could make telephone calls. In 1990, we mandated that television shows be closed-captioned for the deaf so that they could enjoy the same entertainment and other programming as other Americans. Many deaf and hard-of-hearing people say that closed-captioning is the single modern accessibility technology that has changed their lives the most. Then, in 1996, we inserted language which required the accessibility of all telephone equipment, including telephones, telephone calls, call waiting, speed dialing, caller ID, and related services.

Two decades ago, Americans with disabilities couldn't get around if buildings weren't wheelchair accessible. Today, they can't get around without being Web accessible. That is what we are talking about here today. Twenty years ago, the ADA mandated physical ramps into buildings. Today, individuals with disabilities need online ramps to the Internet so that they can get to the Web from wherever they happen to be.

From the time of Heller Keller and Annie Sullivan through the Americans with Disabilities Act, to closed-captioning for television programming, to the ability of the deaf to make telephone calls, and now to the 21st Century Communications and Video Accessibility Act on the floor today, we have made important progress. We have moved from Braille to broadcast TV, from broadband to the BlackBerry. We have moved to ensure that, in each area and today, we move to the Internet to ensure that everyone in our country has access to this key information technology.

Annie Sullivan used special language. She spelled in Helen Keller's palm. In the 21st century, we have moved from tracing the letters of the alphabet in a palm to navigating a Palm-Pilot, and we must make sure that all of these modern devices are accessible. Annie Sullivan was an incredibly dedicated and determined teacher. Now technology needs to be the teacher--the constant companion providing instruction and access to the world and opportunities that otherwise would be out of reach.

By age 10, Helen Keller had mastered reading, Braille and manual sign language. She then wanted to learn how to speak. At the Horace Mann School for the Deaf in Boston, Helen took lessons. Then Annie took over and worked with Helen. Helen did learn to speak, and Helen Keller is still speaking to us today about how all of us should make the most of our abilities and participate in society to the fullest, but we need the technologies to make that possible for every American.

The bill we are considering today significantly increases accessibility for Americans with disabilities to the indispensable telecommunications and video technology tools of the 21st century by making Web access easier through improved user interfaces for smartphones; by enabling Americans who are blind to enjoy TV fully through audible descriptions of the on-screen action; by making cable TV program guides and selection menus accessible to people with vision loss; by providing Americans who are deaf the ability to watch new TV programs online with the captions included; by mandating that remote controls have a button or a similar mechanism to easily access the closed-captioning on broadcast and pay TV; by requiring that telecom equipment used to make calls over the Internet is compatible with hearing aids; and by providing a share of the total of $10 million per year of funding to purchase Internet access and telecom services for low-income Americans who are deaf and blind so that these individuals can more fully participate in society.

Today's miracle worker--today's technology, today's ability to be able to provide the technologies that people need today--is one that, as we move forward, we have to make sure has the accessibility for all Americans. That technology is the iPad. The iPad is something that today makes it possible for Annie Sullivan and Helen Keller to be able to access with a touch the technologies that the Helen Kellers and the Annie Sullivans of today need in order to be able to communicate with each other and with all of the rest of us. So it is not just like touching the palm like it was in Annie and Helen's day. It's about touching the pad, touching these devices, having them speak to them, and having the ability to be able to speak back in a way that has a conversation with all of the rest of us in society.

This morning, I did a teleconference with a group of phenomenal students from the Perkins School for the Blind and the Carroll Center for the Blind. These young people were born before President Bush signed the ADA into law. They were born before the BF era, before Facebook. That's how long ago all of this is. These two schools are led by two extraordinary visionaries who serve with amazing passion and commitment--Steve Rothstein of Perkins and Mike Festa of Carroll.

Opportunity, independence, equal access for all--that's what this legislation is all about. These are timeless American values that were as relevant when Annie Sullivan and Helen Keller were working together as they are today. When we maximize participation for all Americans, we move forward as a country. When we expand the circle of inclusion, we evolve as a people. When we increase accessibility for Americans with disabilities, we get closer to fulfilling the ideals of our Nation's Founders that all men and women are endowed by their Creator with certain inalienable rights. Among these are life, liberty and the pursuit of happiness.

This legislation which we are considering today is intended to increase access for all Americans with disabilities to the technological tools to succeed in today's interconnected world.

Again, I want to thank the entire disabled community, the deaf and the blind communities that have advocated for years for this incredible revolution that is happening here on the floor of the House of Representatives today. We are in your debt for being the advocates, for being the witnesses to history so that we make this change today.

Again, I want to thank Chairman Waxman, Mr. Boucher, Mr. Barton, Mr. Stearns, and all of the Members who worked together in order to make today the great historic success it is going to be.

Mr. Speaker, I reserve the balance of my time.

BREAK IN TRANSCRIPT.

Mr. MARKEY of Massachusetts. The legislation would not be here today without the incredible leadership of the Chairman of the Energy and Commerce Committee. He resolved the most nettlesome of issues in the final week in a way that has made it possible for us to bring this historic legislation here to the floor. I yield 3 minutes to the gentleman from California (Mr. Waxman).

Mr. WAXMAN. Mr. Speaker, I'm pleased to rise in support of this very important legislation.

It was in 1934 when the Communications Act was adopted that it set out that they would have the goal, in this country, of making available, so far as possible, to all people without discrimination on the basis of race, color, religion, national origin or sex, a rapid, efficient, nationwide, and worldwide wire and radio communications service.

Well, this legislation before us today furthers this core principle by ensuring that Americans with disabilities can access the latest communications technology. It's only fitting that we're taking this bill up today, the 20th anniversary of the landmark Americans with Disabilities Act.

Although the ADA remains a critical protection for Americans with disabilities, our communications laws have not been updated since 1996 when Congress required that plain old telephone service be accessible to individuals with disabilities.

Fourteen years is more than a lifetime in technology policy, especially in the Internet age. The world of communications has been transformed, and we need to update relevant laws so that individuals with disabilities can share in the amazing benefits these products and services have to offer.

H.R. 3101 updates these laws in a number of important ways. Among other things, the bill requires that advanced communications services such as videoconferencing and text messaging be accessible to individuals with disabilities. It ensures that Internet browsers on smartphones are accessible, and that TV programming distributed over the Internet contains captions. It reinstates video description rules designed to ensure that individuals with vision impairment have better access to TV programming, and it ensures the emergency alert scrolls that warn consumers of hazardous weather and other conditions can be heard by those who have vision impairments.

Although the legislation requires access to up-to-date communications devices and video programming for individuals with disabilities, it's crafted to allow the industry great flexibility in achieving these goals. Given the pace of technological change, industry should be allowed to meet the bill's requirements by utilizing the best, least expensive technology or application. So not only is the legislation the right thing to do for the millions of Americans with disabilities, it is friendly to business and encourages innovative solutions.

I would like to recognize the bill's sponsor, Mr. Markey, for his ongoing dedication and passion for this cause. I want to commend Chairman Boucher for his leadership in guiding the bill through his subcommittee. I want to thank Ranking Member Barton and Ranking Member Stearns as well, and their staff, for their very significant contributions to this bill.

As I said when we marked up this legislation at the Energy and Commerce Committee, H.R. 3101 is truly bipartisan, a consensus measure. It demonstrates what Congress can accomplish when we work together. H.R. 3101 will improve the lives of millions of Americans. And on this 20th anniversary of the Americans with Disabilities Act, I urge every Member to vote in support of this measure.

BREAK IN TRANSCRIPT.
Mr. MARKEY of Massachusetts. I yield myself such time as I may consume.

I thank the gentleman from Florida again for his work on this legislation, and to Mr. Barton and to all of the Members on the minority, we could not be here without their cooperation today.

This is a very complex piece of legislation. It's historic, but it required a lot of bipartisan work to bring us to this point.

I want to thank Neil Fried and Will Carty on the minority staff for their work on this legislation. On the majority side, I want to thank Roger Sherman, Tim Powderly, Amy Levine, Sarah Fisher. For many years, Colin Crowell, on my staff, worked on this legislation. But over the last 1 year, Mark Bayer has worked every day on this bill. And I thank you, Mark, for your incredible effort on this issue. We could not be here without the incredible work that was put in by all of these people.

Back 20 years ago, we had a force of nature, Tony Coelho, the majority whip, who said it's time for us to ensure that all Americans have access to all this great bounty in our country. And he had a handicap himself, and he inspired all the rest of us. A force of nature. And former Congressman Tony Coelho is out here on the floor with us today, and he was an inspiration to us.

That inspiration was carried by Steny Hoyer to ensure that that legislation did pass here in 1990. It was signed by President Bush into law. And all of the advances that were made thus far that make it possible for the historic moment where we have a Speaker who is sitting up there today, Mr. Langevin from Rhode Island, and all the people who are using today's devices to gain access to the modern Internet technologies are benefited from the laws that have been put on the books today.

For the 21st century, this law may be the most important law. Because people now have wheelchair access, access to the Web. Access to information is what this century, this information century, is going to be all about. And the deaf and the blind, because of this legislation, will be able to make their contributions to our country and the world.

And let's not kid ourselves. The technologies that are developed here in the United States are going to spread across the whole world for every deaf and blind person. And that's quite a gift that the people who are here in the Congress can make.

So I thank the community. I thank you all. I know that so many of you are here and so many of you are watching and listening. I can only pledge to you that we will continue to ensure that access is something that we guarantee as a right to be an American in every year that we will serve here in Congress.

Mr. Speaker, it's my honor to have been here on the floor with you presiding over this historic 21st century legislation. You are the right person to be here to create a ramp for the Internet, for the 21st century, for all Americans. I urge an ``aye'' vote on this legislation.

BREAK IN TRANSCRIPT.

Source