§718 — Title 29 Labor | U.S. Code

Summary

Requires the Commissioner and the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research to set aside 1% of each year’s money for certain programs (those under subchapters II, III, VI, and VII). Congress found that the U.S. is growing more diverse, that some minority groups have much higher rates of disability, and that minority people often get worse vocational rehabilitation services. The reserved money must be used by grant, contract, or cooperative agreement to do things like give awards to minority organizations and Indian tribes, fund research or training to improve services for people from minority backgrounds, and pay entities (states, public or private nonprofits, colleges, or tribes) to do outreach and help minority groups take part in these programs. The Commissioner and Director must send Congress a report each year about what the funds paid for. Definitions (one line each): historically Black college or university = a Part B institution as defined in 20 U.S.C. 1061(2); minority entity = an HBCU, a Hispanic-serving college, an American Indian tribal college, or any college with at least 50% minority students. When giving grants or contracts under certain parts of the law (subchapters I, II, III, VI, VII and section 794e), officials may require applicants to explain how they will meet the needs of people with disabilities from minority backgrounds.

Title 29, §718

Labor — Source: USLM XML via OLRC

(a)With respect to the programs authorized in subchapters II through VII, the Congress finds as follows:

(1)The demographic profile of America is rapidly changing. While the percentage increase from 2000 to 2010 for white Americans was 9.7 percent, the percentage increase for racial and ethnic minorities was much higher: 43.0 percent for Latinos, 12.3 percent for African-Americans, and 43.2 percent for Asian-Americans.

(2)Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. In 2011—

(A)among Americans ages 16 through 64, the rate of disability was 12.1 percent;

(B)among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and

(C)for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent.

(3)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 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)(1)For each fiscal year, the Commissioner and the Director of the National Institute on Disability, Independent Living, 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 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)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.

(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)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)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)In this subsection:

(A)The term “historically Black college or university” means a part B institution, as defined in section 1061(2) of title 20.

(B)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)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 of the National Institute on Disability, Independent Living, and Rehabilitation Research, 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.

Notes & Related Subsidiaries

Editorial Notes

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, § 403, Aug. 7, 1998, 112 Stat. 1093. section 718, Pub. L. 93–112, § 19, as added Pub. L. 102–569, title I, § 109(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 104, Aug. 11, 1993, 107 Stat. 719, related to carryover of funds. See section 716 of this title. section 718a, Pub. L. 93–112, § 20, as added Pub. L. 102–569, title I, § 110(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 105, Aug. 11, 1993, 107 Stat. 719, related to client assistance information. See section 717 of this title. section 718b, Pub. L. 93–112, § 21, as added Pub. L. 102–569, title I, § 111(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 106, Aug. 11, 1993, 107 Stat. 719, related to traditionally underserved populations.

Amendments

2014—Subsec. (a)(1). Pub. L. 113–128, § 409(1)(A), in first sentence, substituted “demographic” for “racial”; in second sentence, substituted “While the percentage increase from 2000 to 2010” for “While the rate of increase”, “was 9.7” for “is 3.2”, “percentage increase for racial” for “rate of increase for racial”, “was much” for “is much”, “43.0” for “38.6”, “12.3” for “14.6”, and “43.2” for “40.1” and struck out “and other ethnic groups” before period at end; and struck out last sentence which read as follows: “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.” Subsec. (a)(2). Pub. L. 113–128, § 409(1)(B), substituted “In 2011—” and subpars. (A) to (C) for second and third sentences which read as follows: “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.” Subsec. (b)(1). Pub. L. 113–128, § 409(2), substituted “National Institute on Disability, Independent Living, and Rehabilitation Research” for “National Institute on Disability and Rehabilitation Research”. Subsec. (c). Pub. L. 113–128, § 409(3), substituted “Director of the National Institute on Disability, Independent Living, and Rehabilitation Research” for “Director”. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(6)], made technical amendment in original to section designation and catchline. Subsec. (a)(3). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(3)], substituted “is denied” for “are denied” and “is closed” for “are closed”.

§718 Traditionally Underserved Populations