1997 U.S. Code
Title 29 - LABOR
CHAPTER 24 - TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
Sec. 2201 - Findings, purposes, and policy

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§2201. Findings, purposes, and policy (a) Findings

The Congress finds as follows:

(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;

(C) make choices;

(D) pursue meaningful careers; and

(E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society.

(2) During the past decade, there have been major advances in modern technology. Technology is now a powerful force in the lives of all residents of the United States. Technology can provide important tools for making the performance of tasks quicker and easier.

(3) For some individuals with disabilities, assistive technology devices and assistive technology services are necessary to enable the individuals—

(A) to have greater control over their lives;

(B) to participate in, and contribute more fully to, activities in their home, school, and work environments, and in their communities;

(C) to interact to a greater extent with individuals who do not have disabilities; and

(D) to otherwise benefit from opportunities that are taken for granted by individuals who do not have disabilities.

(4) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing equipment, that significantly benefit individuals with disabilities of all ages. Such devices can be used to 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, recreation, and other aspects of daily living.

(5) Most States have technology-related assistance programs carried out under this chapter. In spite of the efforts made by such programs, there remains a need to support systems change and advocacy activities in order to assist States to develop and implement consumer-responsive, comprehensive statewide programs of technology-related assistance for individuals with disabilities of all ages.

(6) Notwithstanding the efforts of such State technology-related assistance 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 individuals with disabilities and their family members, guardians, advocates, and authorized representatives, individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities, educators and related service personnel, technology experts (including engineers), employers, and other appropriate individuals about the availability and potential of technology for individuals with disabilities;

(D) aggressive outreach to underrepresented populations and rural populations;

(E) systems that ensure timely acquisition and delivery of assistive technology devices and assistive technology services, particularly with respect to children;

(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) 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 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.

(8) There are insufficient incentives for the 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.

(9) 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 use of assistive technology devices and assistive technology services to individuals with disabilities and their family members, guardians, advocates, and authorized representatives, individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities, educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals.

(b) Purposes

The purposes of this chapter are as follows:

(1) To provide financial assistance to the States to support systems change and advocacy activities designed to assist each State in developing and implementing a consumer-responsive 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 planning, development, implementation, and evaluation of such a program;

(C) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, or 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 programs carried out to accomplish purposes described in this paragraph to the same extent as other populations;

(E) increase and promote coordination among State agencies, and between State agencies and private entities, that are involved in carrying out activities under this title,1 particularly providing assistive technology devices and assistive technology services, that accomplish a purpose described in another subparagraph of this paragraph;

(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, that impede the 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;

(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 efficacy of assistive technology devices and assistive technology services among—

(i) individuals with disabilities and their family members, guardians, advocates, and authorized representatives;

(ii) individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities;

(iii) educators and related services personnel;

(iv) technology experts (including engineers);

(v) employers; and

(vi) other appropriate individuals;

(J) 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; and

(K) increase the awareness of the needs of individuals with disabilities for assistive technology devices and for assistive technology services.

(2) To identify Federal policies that facilitate payment for assistive technology devices and assistive technology services, to identify Federal policies that impede such payment, and to eliminate inappropriate barriers to such payment.

(3) To enhance the ability of the Federal Government to provide States with—

(A) technical assistance, information, training, and public awareness programs relating to the provision of assistive technology devices and assistive technology services; and

(B) funding for demonstration projects.

(c) Policy

It is the policy of the United States that all programs, projects, and activities receiving assistance under this chapter shall be consumer-responsive and shall be carried out in a manner consistent with the principles of—

(1) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;

(2) respect for the privacy, rights, and equal access (including the use of accessible formats), of such individuals;

(3) inclusion, integration, and full participation of such individuals;

(4) support for the involvement of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such support; and

(5) support for individual and systems advocacy and community involvement.

(Pub. L. 100–407, §2, Aug. 19, 1988, 102 Stat. 1044; Pub. L. 103–218, §3, Mar. 9, 1994, 108 Stat. 51.)

References in Text

This title, referred to in subsec. (b)(1)(E), probably should be a reference to title I of Pub. L. 100–407, as amended, which is classified generally to subchapter I (§2211 et seq.) of this chapter.

Amendments

1994—Pub. L. 103–218 substituted “Findings, purposes, and policy” for “Findings and purposes” in section catchline, amended subsecs. (a) and (b) generally, and added subsec. (c). Prior to amendment, subsecs. (a) and (b) related to Congressional findings and purposes of chapter, respectively.

Effective Date of 1994 Amendment

Section 501 of Pub. L. 103–218 provided that:

“(a) In General.—Except as otherwise specifically provided in this Act [see Short Title of 1994 Amendment note below], this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act [Mar. 9, 1994].

“(b) Compliance.—Each State receiving a grant under the Technology-Related Assistance for Individuals With Disabilities Act of 1988 [29 U.S.C. 2201 et seq.] shall comply with the amendments made by this Act—

“(1) as soon as practicable after the date of the enactment of this Act, consistent with the effective and efficient administration of the Technology-Related Assistance for Individuals With Disabilities Act of 1988; but

“(2) not later than—

“(A) the next date on which the State receives an award through a grant under section 102 or 103 of such Act [42 U.S.C. 2212, 2213]; or

“(B) October 1, 1994,

whichever is sooner.”

Short Title of 1994 Amendment

Section 1(a) of Pub. L. 103–218 provided that: “This Act [enacting sections 2231, 2241 to 2246, 2251, and 2281 to 2288 of this title, amending this section, sections 706, 761a, 771a, 2202, and 2211 to 2216 of this title, section 1431 of Title 20, Education, and section 9839 of Title 42, The Public Health and Welfare, repealing sections 2217, 2231, 2241 to 2244, 2251 to 2253, and 2261 of this title, and enacting provisions set out as a note above] may be cited as the ‘Technology-Related Assistance for Individuals With Disabilities Act Amendments of 1994’.”

Short Title

Section 1 of Pub. L. 100–407 provided that: “This Act [enacting this chapter] may be cited as the ‘Technology-Related Assistance for Individuals With Disabilities Act of 1988’.”

Section Referred to in Other Sections

This section is referred to in sections 2202, 2211, 2212, 2213, 2214, 2215 of this title.

1 See References in Text note below.