§ 718. — Traditionally underserved populations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC718]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
GENERAL PROVISIONS
Sec. 718. Traditionally underserved populations
(a) Findings
With respect to the programs authorized in subchapters II through
VII of this chapter, the Congress finds as follows:
(1) Racial profile
The racial profile of America is rapidly changing. While the
rate of increase for white Americans is 3.2 percent, the rate of
increase for racial and ethnic minorities is much higher: 38.6
percent for Latinos, 14.6 percent for African-Americans, and 40.1
percent for Asian-Americans and other ethnic groups. By the year
2000, the Nation will have 260,000,000 people, one of every three of
whom will be either African-American, Latino, or Asian-American.
(2) Rate of disability
Ethnic and racial minorities tend to have disabling conditions
at a disproportionately high rate. The rate of work-related
disability for American Indians is about one and one-half times that
of the general population. African-Americans are also one and one-
half times more likely to be disabled than whites and twice as
likely to be significantly disabled.
(3) Inequitable treatment
Patterns of inequitable treatment of minorities have been
documented in all major junctures of the vocational rehabilitation
process. As compared to white Americans, a larger percentage of
African-American applicants to the vocational rehabilitation system
is denied acceptance. Of applicants accepted for service, a larger
percentage of African-American cases is closed without being
rehabilitated. Minorities are provided less training than their
white counterparts. Consistently, less money is spent on minorities
than on their white counterparts.
(4) Recruitment
Recruitment efforts within vocational rehabilitation at the
level of preservice training, continuing education, and in-service
training must focus on bringing larger numbers of minorities into
the profession in order to provide appropriate practitioner
knowledge, role models, and sufficient manpower to address the
clearly changing demography of vocational rehabilitation.
(b) Outreach to minorities
(1) In general
For each fiscal year, the Commissioner and the Director of the
National Institute on Disability and Rehabilitation Research
(referred to in this subsection as the ``Director'') shall reserve 1
percent of the funds appropriated for the fiscal year for programs
authorized under subchapters II, III, VI, and VII of this chapter to
carry out this subsection. The Commissioner and the Director shall
use the reserved funds to carry out one or more of the activities
described in paragraph (2) through a grant, contract, or cooperative
agreement.
(2) Activities
The activities carried out by the Commissioner and the Director
shall include one or more of the following:
(A) Making awards to minority entities and Indian tribes to
carry out activities under the programs authorized under
subchapters II, III, VI, and VII of this chapter.
(B) Making awards to minority entities and Indian tribes to
conduct research, training, technical assistance, or a related
activity, to improve services provided under this chapter,
especially services provided to individuals from minority
backgrounds.
(C) Making awards to entities described in paragraph (3) to
provide outreach and technical assistance to minority entities
and Indian tribes to promote their participation in activities
funded under this chapter, including assistance to enhance their
capacity to carry out such activities.
(3) Eligibility
To be eligible to receive an award under paragraph (2)(C), an
entity shall be a State or a public or private nonprofit agency or
organization, such as an institution of higher education or an
Indian tribe.
(4) Report
In each fiscal year, the Commissioner and the Director shall
prepare and submit to Congress a report that describes the
activities funded under this subsection for the preceding fiscal
year.
(5) Definitions
In this subsection:
(A) Historically Black college or university
The term ``historically Black college or university'' means
a part B institution, as defined in section 1061(2) of title 20.
(B) Minority entity
The term ``minority entity'' means an entity that is a
historically Black college or university, a Hispanic-serving
institution of higher education, an American Indian tribal
college or university, or another institution of higher
education whose minority student enrollment is at least 50
percent.
(c) Demonstration
In awarding grants, or entering into contracts or cooperative
agreements under subchapters I, II, III, VI, and VII of this chapter,
and section 794e of this title, the Commissioner and the Director, in
appropriate cases, shall require applicants to demonstrate how the
applicants will address, in whole or in part, the needs of individuals
with disabilities from minority backgrounds.
(Pub. L. 93-112, Sec. 21, formerly Sec. 19, as added Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1115; renumbered Sec. 21 and
amended Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 402(a)(1), (b)(6), (c)(3)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-412, 2681-413, 2681-415.)
Prior Provisions
Provisions similar to this section were contained in section 718b of
this title prior to repeal by Pub. L. 105-220.
Prior sections 718 to 718b were repealed by Pub. L. 105-220, title
IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
Section 718, Pub. L. 93-112, Sec. 19, as added Pub. L. 102-569,
title I, Sec. 109(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L.
103-73, title I, Sec. 104, Aug. 11, 1993, 107 Stat. 719, related to
carryover of funds. See section 716 of this title.
Section 718a, Pub. L. 93-112, Sec. 20, as added Pub. L. 102-569,
title I, Sec. 110(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L.
103-73, title I, Sec. 105, Aug. 11, 1993, 107 Stat. 719, related to
client assistance information. See section 717 of this title.
Section 718b, Pub. L. 93-112, Sec. 21, as added Pub. L. 102-569,
title I, Sec. 111(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L.
103-73, title I, Sec. 106, Aug. 11, 1993, 107 Stat. 719, related to
traditionally underserved populations.
Amendments
1998--Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(6)],
made technical amendment in original to section designation and
catchline.
Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(3)], substituted ``is denied'' for ``are denied'' and ``is
closed'' for ``are closed''.
