
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC3001]

 
                             TITLE 29--LABOR
 
   CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
 
Sec. 3001. Findings and purposes


(a) Findings

    Congress finds the following:
        (1) Disability is a natural part of the human experience and in 
    no way diminishes the right of individuals to--
            (A) live independently;
            (B) enjoy self-determination and make choices;
            (C) benefit from an education;
            (D) pursue meaningful careers; and
            (E) enjoy full inclusion and integration in the economic, 
        political, social, cultural, and educational mainstream of 
        society in the United States.

        (2) Technology has become one of the primary engines for 
    economic activity, education, and innovation in the Nation, and 
    throughout the world. The commitment of the United States to the 
    development and utilization of technology is one of the main factors 
    underlying the strength and vibrancy of the economy of the United 
    States.
        (3) As technology has come to play an increasingly important 
    role in the lives of all persons in the United States, in the 
    conduct of business, in the functioning of government, in the 
    fostering of communication, in the conduct of commerce, and in the 
    provision of education, its impact upon the lives of the more than 
    50,000,000 individuals with disabilities in the United States has 
    been comparable to its impact upon the remainder of the citizens of 
    the United States. Any development in mainstream technology would 
    have profound implications for individuals with disabilities in the 
    United States.
        (4) Substantial progress has been made in the development of 
    assistive technology devices, including adaptations to existing 
    devices that facilitate activities of daily living, that 
    significantly benefit individuals with disabilities of all ages. 
    Such devices and adaptations increase the involvement of such 
    individuals in, and reduce expenditures associated with, programs 
    and activities such as early intervention, education, rehabilitation 
    and training, employment, residential living, independent living, 
    and recreation programs and activities, and other aspects of daily 
    living.
        (5) All States have comprehensive statewide programs of 
    technology-related assistance. Federal support for such programs 
    should continue, strengthening the capacity of each State to assist 
    individuals with disabilities of all ages with their assistive 
    technology needs.
        (6) Notwithstanding the efforts of such State programs, there is 
    still a lack of--
            (A) resources to pay for assistive technology devices and 
        assistive technology services;
            (B) trained personnel to assist individuals with 
        disabilities to use such devices and services;
            (C) information among targeted individuals about the 
        availability and potential benefit of technology for individuals 
        with disabilities;
            (D) outreach to underrepresented populations and rural 
        populations;
            (E) systems that ensure timely acquisition and delivery of 
        assistive technology devices and assistive technology services;
            (F) coordination among State human services programs, and 
        between such programs and private entities, particularly with 
        respect to transitions between such programs and entities; and
            (G) capacity in such programs to provide the necessary 
        technology-related assistance.

        (7) In the current technological environment, the line of 
    demarcation between assistive technology and mainstream technology 
    is becoming ever more difficult to draw.
        (8) Many individuals with disabilities cannot access existing 
    telecommunications and information technologies and are at risk of 
    not being able to access developing technologies. The failure of 
    Federal and State governments, hardware manufacturers, software 
    designers, information systems managers, and telecommunications 
    service providers to account for the specific needs of individuals 
    with disabilities in the design, manufacture, and procurement of 
    telecommunications and information technologies results in the 
    exclusion of such individuals from the use of telecommunications and 
    information technologies and results in unnecessary costs associated 
    with the retrofitting of devices and product systems.
        (9) There are insufficient incentives for Federal contractors 
    and other manufacturers of technology to address the application of 
    technology advances to meet the needs of individuals with 
    disabilities of all ages for assistive technology devices and 
    assistive technology services.
        (10) The use of universal design principles reduces the need for 
    many specific kinds of assistive technology devices and assistive 
    technology services by building in accommodations for individuals 
    with disabilities before rather than after production. The use of 
    universal design principles also increases the likelihood that 
    products (including services) will be compatible with existing 
    assistive technologies. These principles are increasingly important 
    to enhance access to information technology, telecommunications, 
    transportation, physical structures, and consumer products. There 
    are insufficient incentives for commercial manufacturers to 
    incorporate universal design principles into the design and 
    manufacturing of technology products, including devices of daily 
    living, that could expand their immediate use by individuals with 
    disabilities of all ages.
        (11) There are insufficient incentives for commercial pursuit of 
    the application of technology devices to meet the needs of 
    individuals with disabilities, because of the perception that such 
    individuals constitute a limited market.
        (12) At the Federal level, the Federal Laboratories, the 
    National Aeronautics and Space Administration, and other similar 
    entities do not recognize the value of, or commit resources on an 
    ongoing basis to, technology transfer initiatives that would 
    benefit, and especially increase the independence of, individuals 
    with disabilities.
        (13) At the Federal level, there is a lack of coordination among 
    agencies that provide or pay for the provision of assistive 
    technology devices and assistive technology services. In addition, 
    the Federal Government does not provide adequate assistance and 
    information with respect to the quality and use of assistive 
    technology devices and assistive technology services to targeted 
    individuals.
        (14) There are changes in the delivery of assistive technology 
    devices and assistive technology services, including--
            (A) the impact of the increased prevalence of managed care 
        entities as payors for assistive technology devices and 
        assistive technology services;
            (B) an increased focus on universal design;
            (C) the increased importance of assistive technology in 
        employment, as more individuals with disabilities move from 
        public assistance to work through training and on-the-job 
        accommodations;
            (D) the role and impact that new technologies have on how 
        individuals with disabilities will learn about, access, and 
        participate in programs or services that will affect their 
        lives; and
            (E) the increased role that telecommunications play in 
        education, employment, health care, and social activities.

(b) Purposes

    The purposes of this chapter are--
        (1) to provide financial assistance to States to undertake 
    activities that assist each State in maintaining and strengthening a 
    permanent comprehensive statewide program of technology-related 
    assistance, for individuals with disabilities of all ages, that is 
    designed to--
            (A) increase the availability of, funding for, access to, 
        and provision of, assistive technology devices and assistive 
        technology services;
            (B) increase the active involvement of individuals with 
        disabilities and their family members, guardians, advocates, and 
        authorized representatives, in the maintenance, improvement, and 
        evaluation of such a program;
            (C) increase the involvement of individuals with 
        disabilities and, if appropriate, their family members, 
        guardians, advocates, and authorized representatives, in 
        decisions related to the provision of assistive technology 
        devices and assistive technology services;
            (D) increase the provision of outreach to underrepresented 
        populations and rural populations, to enable the two populations 
        to enjoy the benefits of activities carried out under this 
        chapter to the same extent as other populations;
            (E) increase and promote coordination among State agencies, 
        between State and local agencies, among local agencies, and 
        between State and local agencies and private entities (such as 
        managed care providers), that are involved or are eligible to be 
        involved in carrying out activities under this chapter;
            (F)(i) increase the awareness of laws, regulations, 
        policies, practices, procedures, and organizational structures, 
        that facilitate the availability or provision of assistive 
        technology devices and assistive technology services; and
            (ii) facilitate the change of laws, regulations, policies, 
        practices, procedures, and organizational structures, to obtain 
        increased availability or provision of assistive technology 
        devices and assistive technology services;
            (G) increase the probability that individuals with 
        disabilities of all ages will, to the extent appropriate, be 
        able to secure and maintain possession of assistive technology 
        devices as such individuals make the transition between services 
        offered by human service agencies or between settings of daily 
        living (for example, between home and work);
            (H) enhance the skills and competencies of individuals 
        involved in providing assistive technology devices and assistive 
        technology services;
            (I) increase awareness and knowledge of the benefits of 
        assistive technology devices and assistive technology services 
        among targeted individuals;
            (J) increase the awareness of the needs of individuals with 
        disabilities of all ages for assistive technology devices and 
        for assistive technology services; and
            (K) increase the capacity of public agencies and private 
        entities to provide and pay for assistive technology devices and 
        assistive technology services on a statewide basis for 
        individuals with disabilities of all ages;

        (2) to identify Federal policies that facilitate payment for 
    assistive technology devices and assistive technology services, to 
    identify those Federal policies that impede such payment, and to 
    eliminate inappropriate barriers to such payment; and
        (3) to enhance the ability of the Federal Government to--
            (A) provide States with financial assistance that supports--
                (i) information and public awareness programs relating 
            to the provision of assistive technology devices and 
            assistive technology services;
                (ii) improved interagency and public-private 
            coordination, especially through new and improved policies, 
            that result in increased availability of assistive 
            technology devices and assistive technology services; and
                (iii) technical assistance and training in the provision 
            or use of assistive technology devices and assistive 
            technology services; and

            (B) fund national, regional, State, and local targeted 
        initiatives that promote understanding of and access to 
        assistive technology devices and assistive technology services 
        for targeted individuals.

(Pub. L. 105-394, Sec. 2, Nov. 13, 1998, 112 Stat. 3628.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'', meaning Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note below and Tables.


                               Short Title

    Pub. L. 105-394, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3627, provided 
that: ``This Act [enacting this chapter, amending sections 705, 763, 
764, 781, 792, 794b, and 794e of this title and section 3710 of Title 
15, Commerce and Trade, and repealing chapter 24 of this title] may be 
cited as the `Assistive Technology Act of 1998'.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3002, 3011, 3013 of this 
title.
