§ 3001. — Findings and purposes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.
