Tapping Technology - Assistive Technology Act of 1998

	September 1998

Assistive Technology Act of 1998

AN ACT To support programs of grants to States to address the assistive technology needs of individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the "Assistive Technology Act of 1998".

SECTION 2. FINDINGS, PURPOSES, AND POLICY.
(a) Findings. The Congress finds:

(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 American society.

(2) Technology has become one of the primary engines for economic activity, education and innovation in this Nation, and throughout the world. The commitment of the U.S. to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the U.S. economy.

(3) As technology has come to play an increasingly important role in the lives of all Americans, 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 America's more than fifty million persons with disabilities has been comparable to its impact upon the remainder of our citizens. No development in mainstream technology can be imagined that would not have profound implications for Americans with disabilities.

(4) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing products and devices that are part 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, recreation, and other aspects of daily living.

(5) All States have statewide consumer-responsive technology-related assistance programs. Federal support for such programs should continue, strengthening each State's capacity 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 -- individuals with disabilities and their family members, guardians, advocates, and authorized representatives, individuals who work for public agencies, or for private entities (including insurers and managed care providers), that have contact with individuals with disabilities, educators and related service personnel, technology experts (including engineers), health and allied health professionals, employers, and other appropriate individuals [hereafter in the Act this list of individuals will be referred to as "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) Congress further finds that in the current technological environment, the line of demarcation between "assistive" 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 assistive technology needs of individuals with disabilities of all ages.

(10) Universal design reduces the need for many specific kinds of assistive technology devices and services by building in accommodation up-front rather than post-production. The application of universal design principles also increases the likelihood that products and services will be compatible with existing assistive technologies. These principles are increasingly important to enhance access to information technology, telecommunications, transportation, the built environment, and consumer products. There are insufficient incentives for the commercial manufacturers to incorporate universal design features into the design and manufacturing of technology products and 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, NASA, and other similar entities do not recognize the value of nor commit resources on an ongoing basis to technology transfer initiatives that would benefit, 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 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 services to targeted individuals.

(b) Purposes. The purposes of this Act are

(1) To provide financial assistance to States for capacity-building and advocacy activities designed to assist each State maintain and strengthen a permanent 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 maintenance, improvement, 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 activities carried out under this Act to the same extent as other populations;

(E) increase and promote coordination among State agencies, between State and local public agencies, among local public agencies, and among State and local public agencies and private entities (e.g., managed care providers), that are or could be involved in carrying out activities under this Act;

(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 result in 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;

(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; and

(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.

(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; and

(ii) improved interagency and public-private coordination, especially through new and improved policies, in the provision of assistive technology devices and assistive technology services;

(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 to targeted individuals.

SECTION 3. DEFINITIONS.
For purposes of this Act

(1) Advocacy services. The term "advocacy services", except as used as part of the term "protection and advocacy services", means services

(A) provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technology services; and

(B) provided through

(i) training of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to successfully conduct advocacy for themselves; or

(ii) dissemination of information.

(2) Assistive technology device. The term "assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

(3) Assistive technology service. The term "assistive technology service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes

(A) the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) training or technical assistance for an individual with disabilities, or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; and

(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.

(4) Capacity building and advocacy activities. The term "capacity building and advocacy activities" means efforts that result in laws, regulations, policies, practices, or organizational structures that promote consumer-responsive programs or entities and that facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the work force.

(5) Comprehensive, statewide program of technology-related assistance. The term "comprehensive, statewide program of technology-related assistance" means a consumer-responsive program of technology-related assistance for people with disabilities, implemented by a State, and equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, location of residence in the State, or type of assistive technology device or service required.

(6) Consumer-responsive. The term "consumer-responsive"

(A) with regard to policies, means that the policies are consistent with the principles of
(i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;

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

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

(iv) 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

(v) support for individual and systems advocacy and community involvement; and

(B) with respect to an entity, program, or activity, means that the entity, program, or activity

(i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives;

(ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and
(iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in

(I) decisions relating to the provision of assistive technology devices and assistive technology services; and

(II) the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance.

(7) Disability. The term "disability" means a condition of an individual that is considered to be a disability or handicap for the purposes of any Federal law other than this Act or for the purposes of the law of the State in which the individual resides.

(8) Individual with a disability; individuals with disabilities.

(A) Individual with a disability. The term "individual with a disability" means any individual of any age, race, or ethnicity

(i) who has a disability; and

(ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity.

(B) Individuals with disabilities. The term "individuals with disabilities" means more than one individual with a disability.

(9) Institution of higher education. The term "institution of higher education" has the meaning given such term in section [1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), and includes community colleges receiving funding under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801 et seq.).]

[(10) Protection and advocacy services. The term "protection and advocacy services" means services that

(A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.), the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and

(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services.]

(11) Secretary. The term "Secretary" means the Secretary of Education.

(12) State.

(A) Except as provided in subparagraph (B), the term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(B) For purposes of sections 101(c), 102(c) and 103(c).

(i) State. The term "State" does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(ii) Territory. The term "territory" means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(13) Targeted individuals. The term "targeted individuals" means

(A) individuals with disabilities of all ages and their family members, guardians, advocates, or authorized representatives;

(B) individuals who work for public or private entities (including insurers or managed care providers), that have contact with individuals with disabilities;

(C) educators and related services personnel;

(D) technology experts (including engineers);

(E) health and allied health professionals;

(F) employers; and

(G) other appropriate individuals and entities.

(14) Technology-related assistance. The term "technology-related assistance" means assistance provided through capacity-building and advocacy activities that accomplish the purposes described in any of subparagraphs (A) through (K) of section 2(b)(1).

(15) Underrepresented population. The term "underrepresented population" includes a population such as minorities, the poor, and persons with limited-English proficiency.

(16) Universal Design. The term "universal design" means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities. This includes products and services that are directly usable (without requiring assistive technologies) and those that are made compatible with assistive technologies.

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