Findings
Racial profile
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.
Rate of disability
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.
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.
Outreach to minorities
In general
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.
Activities
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.
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.
Definitions
Historically Black college or university
section 1061(2) of title 20The term “historically Black college or university” means a part B institution, as defined in .
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.
Demonstration
section 794e of this titleIn awarding grants, or entering into contracts or cooperative agreements under subchapters I, II, III, VI, and VII of this chapter, and , 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.
Pub. L. 93–112, § 21Pub. L. 105–220, title IV, § 403112 Stat. 1115Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (b)(6), (c)(3)]112 Stat. 2681–337Pub. L. 113–128, title IV, § 409128 Stat. 1639(, formerly § 19, as added , , ; renumbered § 21 and amended , , , 2681–412, 2681–413, 2681–415; , , .)
Editorial Notes
Prior Provisions
section 718b of this titlePub. L. 105–220Provisions similar to this section were contained in prior to repeal by .
Pub. L. 105–220, title IV, § 403112 Stat. 1093Prior sections 718 to 718b were repealed by , , .
Pub. L. 93–112, § 19Pub. L. 102–569, title I, § 109(a)106 Stat. 4363Pub. L. 103–73, title I, § 104107 Stat. 719section 716 of this titleSection 718, , as added , , ; amended , , , related to carryover of funds. See .
Pub. L. 93–112, § 20Pub. L. 102–569, title I, § 110(a)106 Stat. 4363Pub. L. 103–73, title I, § 105107 Stat. 719section 717 of this titleSection 718a, , as added , , ; amended , , , related to client assistance information. See .
Pub. L. 93–112, § 21Pub. L. 102–569, title I, § 111(a)106 Stat. 4363Pub. L. 103–73, title I, § 106107 Stat. 719Section 718b, , as added , , ; amended , , , related to traditionally underserved populations.
Amendments
Pub. L. 113–128, § 409(1)(A)2014—Subsec. (a)(1). , 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.”
Pub. L. 113–128, § 409(1)(B)Subsec. (a)(2). , 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.”
Pub. L. 113–128, § 409(2)Subsec. (b)(1). , substituted “National Institute on Disability, Independent Living, and Rehabilitation Research” for “National Institute on Disability and Rehabilitation Research”.
Pub. L. 113–128, § 409(3)Subsec. (c). , substituted “Director of the National Institute on Disability, Independent Living, and Rehabilitation Research” for “Director”.
Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(6)]1998—, made technical amendment in original to section designation and catchline.
Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(3)]Subsec. (a)(3). , substituted “is denied” for “are denied” and “is closed” for “are closed”.