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Summary: New Freedom Initiative

The New Freedom Initiative will help ensure that Americans with disabilities can access the best technologies of today and that even better technologies will be available in the future. At the core of this effort are proposals to: (1) reinvigorate the Federal investment in assistive technologies; (2)improve Federal collaboration; and (3) promote private-public partnerships; and increase access to this technology for people with disabilities.

• Increase the Federal Investment in Assistive Technology Research and Development - Rehabilitative Engineering Research Centers (RERCs) are recognized as conducting some of the most innovative and high impact assistive technology research in the Federal government. To advance research specifically targeted to the disabilities community, the Administration proposes to significantly increase funding for the RERCs. The 15 RERCs are housed in universities and other non-profit institutions around the country and focus on a specific area of research - for example, information technology access, prosthetics and orthotics, and technology for children with orthopedic disabilities.
• Improve the Coordination of the Federal Assistive Technology Research and Development Program. The Interagency Committee on Disabilities Research (ICDR) was designed to coordinate the Federal effort, but it has no real authority and no budget. As a consequence, there is no effective coordinating body for assistive technology research and development within the Federal government. The Administration proposes to provide new funding to the ICDR so that it can prioritize the immediate assistive and universally designed technology needs in the disability community, as well as foster collaborative projects between the Federal laboratories and the private sector.
• Promotes Private-Public Partnerships. There are nearly 2,500 companies working to bring new assistive technologies to market. Many small businesses, however, cannot make the necessary capital investments until they have information concerning the market for a particular assistive technology. To help these businesses bring assistive technologies to market, the Administration proposes to establish an "Assistive Technology Development Fund." Housed under the ICDR, the fund will help underwrite technology demonstration, testing, validation and market assessment to meet specific needs of small businesses so that they can better serve the needs of people with disabilities.
• Increase Access to Assistive Technology: Assistive technology is often prohibitively expensive. The Administration proposes to significantly increase Federal funding for low-interest loans to purchase assistive technology. These grants would go to a state agency in collaboration with banks or non-profit groups to guarantee loans and lower interest rates.

The Administration proposes to expand access to quality education for Americans with disabilities. Originally passed by Congress in 1975, the Individuals with Disabilities Act, or IDEA, ensures that children with disabilities would have a free public education that would meet their unique needs. The Administration proposes to increase educational opportunity for children with disabilities by working with Congress to give states increased IDEA funds. This will help meet the needs of students with disabilities and free up additional resources for education at the local level.

• Increase Funding for Special Education. In return for participating in a new system of flexibility and accountability in the use of Federal education funds, states would receive an increase in IDEA funds for education at the local level and to help in meeting the special needs of students with disabilities.
• Establish the "Reading First" Program. President Bush proposes to increase Federal funding to students, including those with disabilities, by creating an incentive fund for states to teach every child to read by third grade. States that choose to draw from this fund would be required to initiate, among other requirements: a reading diagnostic test for students in K-2 to determine where students need help; a research-based reading curriculum; training for K-2 teachers in reading preparation; and intervention for students who are not reading at grade level in K-2.
• Supplement Reading First with an Early Childhood Reading Initiative. States participating in the Reading First program would have the option to receive "Early Reading First" funding to implement research-based reading programs in existing pre-school programs and Head Start programs that feed into participating elementary schools. The purpose of this program is to illustrate on a larger scale recent research findings that children taught pre-reading and math skills in pre-school enter school ready to learn reading and mathematics.

This past year, Congress passed the "American Homeownership and Economic Opportunity Act of 2000," which reforms Federal rental assistance to give individuals who qualify the opportunity to purchase a home. In addition to increasing independence, homeownership also promotes savings. Mortgage payments, unlike rental payments, help build net worth because a portion of the payment goes toward building equity.

• Implement the Section 8 Program that Permits Recipients to Apply Their Rental Vouchers to Homeownership. The Administration proposes to implement Public Law 106-569, which allows local Public Housing Authorities to provide recipients of Section 8 vouchers who have disabilities with up to a year's worth of vouchers in a lump-sum payment to finance the down payment on a home.

The New Freedom Initiative will help tear down barriers to the workplace, and help promote full access and integration.

• Create the "Access to Telework" Fund. Proposes to provide Federal matching funds annually to states to guarantee low-income loans for people with disabilities to purchase equipment to telecommute from home.
• Encourage Companies to Contribute Computer and Internet Access for Home Use by Employees with Disabilities by Establishing it as a Tax-Free Benefit. The Administration proposes to encourage businesses to give computers and Internet access to employees with disabilities by making it explicit that this provision is a tax-free benefit. By making this benefit tax-free to employees, the proposal will encourage more employers to provide computer equipment and Internet access, and employees will have greater options to take advantage of this flexibility for teleworking.
• Prohibit the Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor from Regulating "Home Office" Standards. In November 1999, OSHA issued an 8-page response to an employer inquiry asserting that it had the power to regulate home office standards and hold employers responsible if those standards were not met. Although OSHA withdrew the response, it has not foreclosed future action. The proposal would amend the Occupational Safety and Health Act of 1970 to prohibit OSHA from applying the rules to the home worksites of employees who work at home through the use of "telephone, computer or electronic device."

In 1999, Congress passed the "Ticket-to-Work and Work Incentives Improvement Act," which will give Americans with disabilities both the incentive and the means to seek employment. As part of the New Freedom Initiative, the Administration proposes to ensure the Act's swift implementation.

Summary of Action

• President Bush Has Committed to Sign an Executive Order to Support the Effective and Swift Implementation of "Ticket to Work" program. The order will direct the federal agencies to continue to swiftly implement the law.

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George Bush. It gives civil rights protections to individuals with disabilities that are like those provided to individuals on the basis of race, sex, national origin, and religion. In the eleven years since it was signed, the ADA has worked to guarantee equal opportunity for individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. The law has been especially helpful in providing access to jobs, especially in the small business sector, which has created two-thirds of all net new jobs since the early 1970s. To encourage small businesses to comply with the ADA, legislation was signed into law in 1990 to provide a credit for 50 percent of eligible expenses up to $5,000 a year. Such eligible expenses include assistive technologies.

• Support the ADA and Provide Technical Assistance to Small Businesses. In addition to committing to ensure the full enforcement of the ADA, the New Freedom Initiative proposes to provide resources annually for technical assistance to help small businesses comply with the Act, serve customers, and hire more people with disabilities.
• Promote the Awareness and Utilization of the Disabled Access Credit (DAC). The DAC, created in 1990, is an incentive program to assist small businesses in complying with the ADA. DAC provides a credit for 50 percent of eligible expenses up to $5,000 a year, including expenses associated with making their facilities accessible and with purchasing assistive technologies. Utilization of the credit has been limited because small businesses are often not aware of it. The Administration proposes to undertake efforts to increase awareness of the program among small businesses.

The Federal government should support the development of innovative transportation initiatives and partner with local organizations to promote access to alternate methods of transportation.

• Promote innovative transportation solutions for people with disabilities by funding pilot programs. The Administration proposes to provide funding for 10 pilot programs run by state or local governments in regional, urban, and rural areas. Pilot programs would be selected on the basis of the use of innovative approaches to developing transportation plans that serve people with disabilities. The Administration will work with Congress to evaluate the effectiveness of these pilot programs and encourage the expansion of successful initiatives.
• Help create a network of alternate transportation through community-based and other providers. The Administration proposes to establish a competitive matching grant program to promote access to alternative methods of transportation. This dollar-for-dollar matching program would be open to community-based organizations that seek to integrate Americans with disabilities into the workforce. The funds would go toward the purchase and operation of specialty vans, assisting people with down payments or costs associated with accessible vehicles, and extending the use of existing transportation resources.

On June 22, 1999, the Supreme Court decided Olmstead v. L.C., ruling that, in appropriate circumstances, the ADA requires the placement of persons with disabilities in a community-integrated setting whenever possible.

Summary of Action

• President Bush has Committed to Sign an Executive Order Supporting the Swift Implementation of the Olmstead Decision. The Administration has committed to pursue swift implementation in a manner that respects the proper roles of the Federal government and the states. The order will support the most integrated community-based settings for individuals with disabilities, in accordance with the Olmstead decision.

Currently, there are numerous Federal agencies that oversee mental health policies, funding, laws and programs including: the Substance Abuse and Mental Health Services Administration, the National Institutes of Health, the Health Care Financing Administration, the Office of Personnel Management, the Social Security Administration, the Health Resources and Services Administration, the Department of Housing and Urban Development, the Department of Education, the Department of Justice, and the Department of Labor. These Federal agencies are doing valuable work, but they would be much more effective, efficient, and less duplicative if they were better coordinated.

• Create a National Commission on Mental Health. The National Commission would study and make recommendations for improving America's mental health service delivery system, including making recommendations on the availability and delivery of new treatments and technologies for individuals with severe mental illness.

There are over 35 million voting-age persons with disabilities, but currently people with disabilities register to vote at a rate that is 16 percentage points less than the rest of the population and vote at a rate that is 20 percent voters who have no disabilities. According to the National Organization on Disability, low voter turnout among people who are disabled is due to both accessibility problems at voting locations and the lack of secrecy and independence when voting. The most recent Federal Election Commission (FEC) report states that at least 20,000 of the Nation's more than 120,000 polling places are inaccessible to people with disabilities.

• Improve Accessibility to Voting for Americans with Disabilities. The Administration proposes to work with Congress to address the barriers to voting for Americans with disabilities and to expanding suffrage for all Americans.

Title III of the Americans with Disabilities Act of 1990 opened countless businesses and public accommodations to people with disabilities by mandating that they be made accessible. For constitutional and other concerns, however, Title III exempts many civic organizations (such as Rotary and Lions Clubs) and religious organizations from its requirements of full access.

• Establish a National Fund to Provide Matching Grants for Accessibility Renovations for ADA-Exempt Organizations. To assist private clubs and religious organizations in making sure that their facilities are fully accessible and to expand access for all, the Administration proposes to provide annual Federal matching grants to ADA-exempt organizations making renovations or accommodations to improve accessibility. Because all ADA-exempt organizations will be eligible for the grants, irrespective of whether they are religious or secular, they would comport with the Supreme Court's test for constitutional neutrality.

Prepared by:

Joy Johnson Wilson
Federal Affairs Counsel
Director, Health Committee
joy.wilson@ncsl.org
202/624-8689

Source: New Freedom Initiative, President George W. Bush, February 2001. Available to download from: http://www.whitehouse.gov/news/freedominitiative/freedominitiative.html.

AFI Health Committee

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