Mr. Speaker, I yield myself such time as I may consume. Let me also, at this point, thank Mr. Markey for his eloquent remarks. But also, he is steadfast in pushing this bill. He has been working on this bill for almost 4 years. Oftentimes,…
Mr. Speaker, I yield myself such time as I may consume.
Let me also, at this point, thank Mr. Markey for his eloquent remarks. But also, he is steadfast in pushing this bill. He has been working on this bill for almost 4 years.
Oftentimes, when you come to the floor on a suspension like this, many Members do not realize the amount of work that goes into a bill like this. And I know the ranking member before Mr. Markey had talked to us about the possibility of this 2 years ago, 3 years ago, 4 years ago, so I'm glad it's culminated as it is today, 20 years after the anniversary of the Americans with Disabilities Act.
And obviously, I'd also like to compliment the gentleman from Rhode Island for being in the chair. It's altogether appropriate, historic and important.
I think many of us have come out of the House floor and walked into the halls of Congress and saw veterans in wheelchairs. We've seen men and women without legs. We've seen men and women without arms, hands, some of them practically blind. Shouldn't they have the opportunity to come back from Afghanistan and Iraq and have the full benefits of the electronic media? Before this bill passed, they might not have had the complete opportunity, but now, with this bill they will.
So I rise in strong support of H.R. 3101, the Twenty-First Century Communications and Video Accessibility Act. We know there's all kinds of new devices coming on. Mr. Markey mentioned the iPad.
And as I mentioned, it's important that people with disabilities are not left behind, have access and are afforded the opportunity to enjoy this wide variety of technology. And in many cases, through the Internet it's going to be life saving, through tele-medicine and from other ways that we can help the handicapped, the people that are at home through emergency calls, and, ultimately, the D spectrum, when we have that kind of spectrum set aside just for safety and security.
Whenever you do a bill like this, it gets complicated, because lots of people want to use a lot of mandates for the United States Government to mandate through the FCC. But I think, as Mr. Markey pointed out with the iPad, oftentimes industry can come to the front and voluntarily do it.
We, in the United States Congress, if we mandate certain technologies, we attempt to pick winners or losers. The best approach to ensuring accessibility is to establish accessibility goals, but not dictate how to accomplish them. We need to encourage innovation to flourish and, my colleagues, this bill does that.
Now, obviously, all legislation we bring up here is not perfect, and this bill, obviously, needs some additional improvements. Perhaps the FCC can do that. Nevertheless, I think, as Mr. Markey pointed out, through the bipartisan process we have had here, Republicans and Democrats, we achieved a consensus, which is not altogether an everyday occurrence here in Congress.
So I think, in many ways, we can compliment ourselves, both as Democrats and Republicans, that we came together on a very important issue which affects a huge number of manufacturing companies in this United States and throughout the world. We came together in a consensus.
And, of course, I would like to thank Chairman Waxman for doing this, Subcommittee Chairman Boucher from Virginia, Joe Barton, the ranking member from Texas, and my staff, particularly Neil, who worked with the Democrat staff to bring this consensus together. A collaboration of this kind doesn't often happen in such a short amount of time.
My main concern was that the legislation was extremely broad in its original scope, and included unnecessary mandates. Changes that were adopted at the committee markup addressed many of my concerns. Language was added that explicitly states that the relevant section shall not be construed to require every feature and every function of every device or service to be accessible for every disability.
So that the record is clear regarding the intentions that underlie this bill, I want to offer some guidance to the FCC regarding the way it should view several key provisions in this legislation.
First, my colleagues, the bill creates a new achievable standard to guide manufacturers' and service providers' efforts to provide accessibility to the disabled. Under section 255 of the Communications Act, telecommunications services and equipment must be accessible if the provision of accessibility is ``readily achievable.''
As introduced, H.R. 3101 proposed moving to a significantly higher standard under which accessibility would be required unless it imposed an ``undue burden.'' The ``achievable'' standard we adopt today is a compromise, a very simple compromise, very important compromise, between these two positions.
The committee also recognized that it is not necessary for a manufacturer or service provider to make every piece of equipment or service accessible, if it offers or directs such person to functionally equivalent accessible alternatives to the equipment or service in question. This was a source of concern and confusion by many Members, and contention, early in the legislative process. And I'm pleased that this bill we are considering today resolves this issue by adopting clarifying language that makes this point in a clear and unambiguous manner.
Finally, my colleagues, the bill before us also recognizes that advanced communication services and applications may be offered by third parties, and that manufacturers and network operators should not be held responsible for ensuring these third party advanced communication services comply with the act.
Thus, section 2 makes clear that no person is liable for a violation of this Act to the extent that such person transmits, routes or provides intermediate or transient storage for content or communications, or provides an information location tool used to obtain access to content or information. These are the details that make for a sound bill.
As I said previously, this legislation is not perfect, but it is much, much improved due to the hard work of industry and the disability community who came together, and the staff on both sides of the aisle. This legislation, Mr. Speaker, goes a long, long way to ensuring that people with disabilities can utilize all the new and exciting products, services and applications in the years ahead. I urge its passage.
And for those veterans coming home, this will ensure that you have access to those new financial programs, those new video devices, those new devices that are going to make your life a lot easier.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I just want to speak briefly and sort of follow up with the gentleman from Massachusetts when he displayed in his hand the iPad.
I think it's a good example of what Apple has done with the iPad and how they voluntarily went about to help the people who are impaired by sight and hearing. They took the necessary steps to make certain that their product and their applications are acceptable to all people.
For example, when you look at the iPad, all of us think it's sort of, in a way, revolutionary. It gives you, at a touch of the fingers, an opportunity to go through and look at newspapers and magazines, to go on the Internet, to check your email effortlessly. It's sort of using technology that's breakthrough.
Is it possible that this breakthrough technology could help people who are disabled? Absolutely.
For example, Mr. Speaker, the iPad comes with a screen reader, support for playback of the closed caption content, and other innovative universal access features. This was done right out of the box. Apple did this voluntarily. These features make iPad easier to use for people who have vision impairment, are deaf or hard of hearing, or if they have a physical or learning disability. In addition, the iPad includes VoiceOver, a gesture-based screen reader for the blind. Instead of memorizing keyboard commands or pressing tiny arrow keys, you can simply touch the screen to hear a description of the item under your finger, then double-tap, drag, or flip to control the iPad.
VoiceOver speaks 21 languages and works with all of the applications built into the iPad. Let me repeat that. The VoiceOver speaks 21 languages and works with all the applications built into the iPad--a phenomenon. Apple also enables software developers to create applications for iPad that work with VoiceOver.
Furthermore, every iPad can display subtitles and closed captioning for the deaf and hard of hearing when playing movies and podcasts that support it. Movies and podcasts with closed captioning are available on the iTunes Store, and can be downloaded directly to iPad or synced to the iPad using iTunes.
It is important for my colleagues to remember that a company like Apple included these features without any government mandate. This suggests that the broader market could be providing better access to people with disabilities than it does today. This bill will go a long way towards doing that.
The FCC should remember, when they come asking for comments, when they have responses, and they have an advisory committee that's all involved with this, the key for the FCC is for them to be flexible in their response so that industry, like Apple did with the iPad, has the flexibility to develop the most sound and comprehensive ways to help our disabled today.
Mr. Speaker, I reserve the balance of my time.
In conclusion, I think, as has been pointed out by Mr. Markey, this is a historic day. Twenty years ago, the Americans with Disabilities Act passed. I voted for it, I supported it. I think many people in my district and many of my friends have children who have disabilities. It's important that these individuals do not feel left out.
I think the eloquent arguments that we had 20 years ago are no less important today, particularly in light of the fact that the veterans that are coming home from Iraq and Afghanistan are coming home with disabilities that will impair them. And they're in their twenties. These are young men and women that want to work. And for many of them, they'd like to go back to their team, but they can't. They must find employment. They must, in many ways, adjust and transition.
How much better will it be if they can use the Internet, if they can use the wireless devices that we have? And not to mention the myriad of new devices that are coming out. How important is this for them? Very important. So, today, I join with Mr. Markey and others to commend him for his hard work here and his effort, and I urge all my colleagues to support this bill.
With that, Mr. Speaker, I yield back the balance of my time.