Page 199 TITLE 29—LABOR § 718b

AMENDMENTS

1993—Pub. L. 103–73 substituted ‘‘such individuals who

are applicants for or recipients of the services’’ for

‘‘such individuals’’.

§ 718b. Traditionally underserved populations

(a) Findings

With respect to the programs authorized in

subchapters II through VIII 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 AsianAmericans 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. AfricanAmericans are also one and one-half times

more likely to be disabled than whites and

twice as likely to be severely 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 pre-service 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) Policy

The Commissioner shall develop a policy to

mobilize the resources of the Nation to prepare minorities for careers in vocational rehabilitation, independent living, and related

services.

(2) Focus

This policy shall focus on—

(A) the recruitment of minorities into the

field of vocational rehabilitation counseling

and related disciplines; and

(B) financially assisting Historically Black

Colleges and Universities, Hispanic-serving

institutions of higher education, and other

institutions of higher education whose minority enrollment is at least 50 percent to

prepare students for vocational rehabilitation and related service careers.

(3) Plan

(A) Development

The Commissioner shall develop a plan to

provide outreach services and other related

activities (such as cooperative efforts) to the

entities described in subparagraph (B) in

order to enhance the capacity and increase

the participation of such entities in competitions for grants, contracts, and cooperative agreements under subchapters I through

VIII of this chapter.

(B) Entities

The entities referred to in subparagraph

(A) are—

(i) Historically Black Colleges and Universities, Hispanic-serving institutions of

higher education, and other institutions of

higher education whose minority student

enrollment is at least 50 percent;

(ii) nonprofit and for-profit agencies at

least 51 percent owned or controlled by one

or more minority individuals; and

(iii) underrepresented populations.

(C) Funding

For the purpose of implementing the plan

required in subparagraph (A), the Commissioner shall, for each of the fiscal years 1993

through 1997, expend 1 percent of the funds

appropriated for the fiscal year involved for

carrying out programs authorized in subchapters II through VIII of this chapter, except programs authorized under subchapter

IV or V of this chapter.

(4) Effort

The Commissioner shall exercise the utmost

authority, resourcefulness, and diligence to

meet the requirements of this section.

(5) Report

(A) In general

Not later than January 31 of each year,

starting with fiscal year 1994, the Commissioner shall prepare and submit to Congress

a final report on the progress toward meeting the goals of this section during the preceding fiscal year.

(B) Contents

The report shall include—

(i) a full explanation of any progress toward meeting the goals of this section; and

(ii) a plan to meet the goals, if necessary.

(6) Demonstration

In awarding grants, contracts, or cooperative agreements under subchapters I, II, III,

VI, VII, and VIII of this chapter, and section

794e of this title, the Commissioner and the

Director of the National Institute on Disability and Rehabilitation Research, where appropriate, shall require applicants to demonstrate
§ 720 TITLE 29—LABOR Page 200

how they will address, in whole or in part, the

needs of individuals with disabilities from minority backgrounds.

(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.)

AMENDMENTS

1993—Subsec. (b)(3) to (6). Pub. L. 103–73 redesignated

the par. (3) relating to Commissioner’s effort to meet

requirements of this section as par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

SUBCHAPTER I—VOCATIONAL

REHABILITATION SERVICES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 706, 718b,

762, 795j, 795l, 795n, 795o, 796, 796c, 2231, 2243 of this title;

title 20 section 1413; title 42 sections 422, 1382d.

PART A—GENERAL PROVISIONS

§ 720. Federal grants

(a) Congressional findings; purpose; policy

(1) Congress finds that—

(A) work—

(i) is a valued activity, both for individuals

and society; and

(ii) fulfills the need of an individual to be

productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in America;

(B) as a group, individuals with disabilities

experience staggering levels of unemployment

and poverty;

(C) individuals with disabilities, including

individuals with the most severe disabilities,

have demonstrated their ability to achieve

gainful employment in integrated settings if

appropriate services and supports are provided;

(D) reasons for the significant number of individuals with disabilities not working, or

working at a level not commensurate with

their abilities and capabilities, include—

(i) discrimination;

(ii) lack of accessible and available transportation;

(iii) fear of losing health coverage under

the medicare and medicaid programs under

titles XVIII and XIX of the Social Security

Act (42 U.S.C. 1395 et seq. and 1396 et seq.) or

fear of losing existing private health insurance; and

(iv) lack of education, training, and supports to meet job qualification standards

necessary to enter or retain or advance in

employment;

(E) enforcement of subchapter V of this

chapter and of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.) holds the

promise of ending discrimination for individuals with disabilities; and

(F) the provision of vocational rehabilitation services can enable individuals with disabilities, including individuals with the most

severe disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities.

(2) The purpose of this subchapter is to assist

States in operating a comprehensive, coordinated, effective, efficient, and accountable program of vocational rehabilitation that is designed to assess, plan, develop, and provide vocational rehabilitation services for individuals

with disabilities, consistent with their

strengths, resources, priorities, concerns, abilities, and capabilities, so that such individuals

may prepare for and engage in gainful employment.

(3) It is the policy of the United States that

such a program shall be carried out in a manner

consistent with the following principles:

(A) Individuals with disabilities, including

individuals with the most severe disabilities,

are generally presumed to be capable of engaging in gainful employment and the provision

of individualized vocational rehabilitation

services can improve their ability to become

gainfully employed.

(B) Individuals with disabilities must be provided the opportunities to obtain gainful employment in integrated settings.

(C) Individuals with disabilities must be active participants in their own rehabilitation

programs, including making meaningful and

informed choices about the selection of their

vocational goals and objectives and the vocational rehabilitation services they receive.

(D) Families and natural supports can play

an important role in the success of a vocational rehabilitation program, if the individual with a disability requests, desires, or needs

such supports.

(E) Qualified vocational rehabilitation counselors, other qualified rehabilitation personnel, and other qualified personnel facilitate

the accomplishment of the employment goals

and objectives of an individual.

(F) Individuals with disabilities and their

advocates are full partners in the vocational

rehabilitation program and must be involved

on a regular basis and in a meaningful manner

with respect to policy development and implementation.

(G) Accountability measures must facilitate

and not impede the accomplishment of the

goals and objectives of the program, including

providing vocational rehabilitation services

to, among others, individuals with the most

severe disabilities.

(b) Authorization of appropriations

(1) For the purpose of making grants to States

under part B of this subchapter (other than

grants under section 732 of this title) to assist

States in meeting the costs of vocational rehabilitation services provided in accordance with

State plans under section 721 of this title, there

are authorized to be appropriated such sums as

may be necessary for fiscal years 1993 through

1997, except that the amount to be appropriated

for a fiscal year shall not be less than the

amount of the appropriation under this subsection for the immediately preceding fiscal

year, plus the amount of the Consumer Price

Index addition determined under subsection (c)

of this section for the immediately preceding

fiscal year.