,,ii #aahth ,,congress #ast ,session ,s4 #ecc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjbc,mr4 ,casey 7for himself and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to assist employers providing employment under special certificates issued under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich in transforming their business and program models to models that support people with disabilities through competitive integrated employment1 to phase out the use of such special certificates1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transformation to ,competitive ,integrated ,employment ,act4 #b4 ,table of contents ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,purposes4,,title ,i--,competitive integrated employment transformation grant programs,sec4 #aja4 ,program authorized4,sec4 #ajb4 ,state grant program4,sec4 #ajc4 ,certificate holder grant program4,,title ,,ii--,phase out of special certificates under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich,sec4 #bja4 ,transition to fair wages for people with disabilities4,sec4 #bjb4 ,prohibition on new special certificates2 sunset4,,title ,,iii--,technical assistance and dissemination,sec4 #cja4 ,technical ,assistance and dissemination4,,title ,,iv--,reporting and evaluation,sec4 #dja4 ,impact evaluation and reporting4,sec4 #djb4 ,wage and hour reports4,,title ,v--,general provisions,sec4 #eja4 ,definitions4,sec4 #ejb4 ,authorization of appropriations4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 assist employers with special certificates issued under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 to transform their business and program operations to models that support people with disabilities to find and retain work in competitive integrated employment2 7#b7 ensure people with disabilities1 families of such people1 ,state and local governments1 and other stakeholders are involved in the transformations described in paragraph 7#a72 7#c7 ensure people employed in programs using such special certificates transition to competitive integrated employment positions and1 as needed1 to integrated services that support them in their homes and in community settings2 7#d7 identify models and processes for shifting business and program models from such special certificates to competitive integrated employment models and integrated community participation and wraparound services1 and to share that information with other such special certificate holders1 ,state and local entities1 and other service providers for people with disabilities2 and 7#e7 support ,states and local governments as they revise and implement their ,olmstead plans and local plans1 respectively1 in order to improve competitive integrated employment outcomes for people with disabilities through all ,state workforce development systems4 ,i ,competitive integrated employment transformation grant programs #aja4 ,program authorized ,from the amounts appropriated to carry out this title1 the ,secretary of ,labor shall award grants under sections #ajb and #ajc1 on a competitive basis1 to ,states and eligible entities to assist employers who were issued special certificates in transforming their business and program models from providing employment using such special certificates to business and program models that employ and support people with disabilities by-- 7#a7 providing competitive integrated employment1 including by compensating all employees of the employer at a rate that is-- 7,a7 not less than the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law2 and 7,b7 not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 7#b7 assisting people with disabilities who were employed by the employer in finding and retaining work in competitive integrated employment1 which work may be with the employer after such transformation or in another competitive integrated employment setting2 7#c7 providing integrated community participation and wraparound services for people with disabilities2 and 7#d7 ensuring all such services and other non-employment services offered by the employer comply with the requirements for home and community-based services under the final rule of the ,department of ,health and ,human ,services entitled ,medicaid ,program2 ,state ,plan ,home and ,community-,based ,services1 #e-,year ,period for ,waivers1 ,provider ,payment ,reassignment1 and ,home and ,community-,based ,setting ,requirements for ,community ,first ,choice and ,home and ,community-,based ,services 7,,hcbs7 ,waivers 7#gi ,fed4 ,reg4 #bidh 7,january #af1 #bjad771 or a successor rule4 #ajb4 ,state grant program 7a7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the status of the employers in the ,state providing employment using special certificates1 including-- 7i7 the number of employers in the ,state using special certificates to employ and pay people with disabilities2 7ii7 the number of employers described in clause 7i7 that also employ people with disabilities in competitive integrated employment1 which shall include employers providing such employment in combination with integrated services2 7iii7 the number of employees employed under a special certificate1 disaggregated by-- 7,i7 employer2 and 7,,ii7 demographic characteristics1 including gender1 race1 ethnicity1 and type of disability1 unless indicating such characteristics would disclose personal identifying information2 7iv7 the average1 median1 minimum1 and maximum number of hours such employees work per week1 disaggregated by employer1 and reported for the ,state as a whole2 and 7v7 the average1 median1 minimum1 and maximum hourly wage for such employees1 disaggregated by employer1 and reported for the ,state as a whole2 7,b7 a description of the activities of the ,state with respect to competitive integrated employment for people with disabilities1 including1 as applicable-- 7i7 a copy of the ,state plan for carrying out the ,employment ,first initiative2 7ii7 a copy of the ,olmstead plan of the ,state2 7iii7 a description of activities related to the development and promotion of ,,able accounts2 and 7iv7 a description of the medical assistance provided by the ,state through a ,medicaid buy-in eligibility pathway under subclause 7,,xv7 or 7,,xvi7 of section #aijb7;a77#aj77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77ii771 including any premiums or other cost sharing imposed on individuals who enroll in the ,state ,medicaid program through such a pathway2 7,c7 a description of activities to be funded under the grant1 and the goals of such activities1 including-- 7i7 the process to be used to identify each employer in the ,state that will transform its business and program models from employing people with disabilities using special certificates to employing people with disabilities in competitive integrated employment settings or settings involving a combination of competitive integrated employment and integrated services2 7ii7 the number of such employers in the ,state that will carry out a transformation described in clause 7i72 7iii7 the service delivery infrastructure that will be implemented in the ,state to support people with disabilities who have been employed under special certificates through such a transformation1 including providing enhanced integrated services to support people with the most significant disabilities2 7iv7 a description of the process to recruit and engage ,federal1 ,state1 and local governments and nonprofit and private employers to hire people with disabilities into competitive integrated employment who have been employed under special certificates2 7v7 the competitive integrated employment and integrated services that will be implemented in the ,state to support such people2 7vi7 a timeline for assisting employers that operate in the ,state in phasing out employment using special certificates1 which shall not extend past the date on which the legal effect of such certificates expires under section #ad7;c77#g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#g771 as added by title ,,ii2 7vii7 a timeline for the expansion of employers that will provide competitive integrated employment1 or a combination of competitive integrated employment and integrated services1 to people with disabilities who have been employed by such employers under special certificates2 7viii7 a description of the expanded competitive integrated employment and integrated services to be provided to such people as a result of transformations described in clause 7i72 and 7ix7 a description of the process to be used to engage stakeholders in such transformations2 7,d7 a description of how the activities under the grant will coordinate and align ,federal1 ,state1 and local programs1 agencies1 and funding in the transformations described in subparagraph 7,c77i72 7,e7 a description of the ,state's evaluation plan to determine the social and economic impact of the grant1 including the impact 7as measured throughout the transformation and the #b-year period after the ,state has assisted employers in phasing out employment using special certificates7 on-- 7i7 the employment status of people with disabilities in the ,state1 including the number of hours worked1 average wages1 and job satisfaction1 of such people2 and 7ii7 changes in provider capacity to support competitive integrated employment and integrated services2 7,f7 assurances that-- 7i7 the activities carried out under the grant will result in each employer in the ,state that provides employment using special certificates on the date of enactment of this ,act transforming as described in subparagraph 7,c77i72 7ii7 people with the most significant disabilities1 including intellectual and developmental disabilities1 who will be affected by such a transformation will be given priority in receiving the necessary competitive integrated employment supports and integrated services to succeed during and after such a transformation2 7iii7 each individual in the ,state who is employed under a special certificate will1 as a result of such a transformation1 be given an opportunity to be employed in competitive integrated employment2 7iv7 at a minimum1 the ,state agencies responsible for developmental disability services1 ,medicaid1 education1 vocational rehabilitation1 mental health services1 transportation1 and workforce development agree to be partners in the goals of the grant2 7v7 until the date that is #b years after the legal effect of special certificates expires under section #ad7;c77#g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#g771 as added by title ,,ii1 the ,state will comply with requirements of the ,secretary with respect to the collection of data1 and will require employers providing employment under special certificates in the ,state to comply with such requirements2 7vi7 the ,state will cooperate with the evaluation under title ,,iv by providing all data required and allow the evaluation of activities under the grant2 7vii7 the ,state will establish an advisory council described in paragraph 7#c7 to monitor and guide the process of transforming business and program models of employers in the ,state as described in subparagraph 7,c77i72 7viii7 the ,state will cooperate with the nonprofit entity carrying out technical assistance and dissemination activities under title ,,iii2 7ix7 all integrated services and non-employment services offered by employers in the ,state will comply with-- 7,i7 the requirements for home and community-based services under the final rule of the ,department of ,health and ,human ,services entitled ,medicaid ,program2 ,state ,plan ,home and ,community-,based ,services1 #e-,year ,period for ,waivers1 ,provider ,payment ,reassignment1 and ,home and ,community-,based ,setting ,requirements for ,community ,first ,choice and ,home and ,community-,based ,services 7,,hcbs7 ,waivers 7#gi ,fed4 ,reg4 #bidh 7,january #af1 #bjad771 or a successor rule2 7,,ii7 the holding of the ,olmstead decision2 and 7,,iii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7x7 the ,state will disseminate information to all people with disabilities employed under special certificates regarding the availability of-- 7,i7 ,,able accounts and other asset developmental options for people with disabilities2 7,,ii7 the ,ticket to ,work and ,self ,sufficiency ,program established under section #aadh of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ai72 and 7,,iii7 other resources related to benefits counseling for people with disabilities who wish to work or are working in competitive integrated employment settings2 and 7,g7 such other information and assurances as the ,secretary may reasonably require4 7#c7 ,members of the advisory council ,a ,state receiving a grant under this section shall1 for the purpose described in paragraph 7#b77;,f77vii71 establish an advisory council composed of the following3 7,a7 ,people with disabilities 7who shall comprise not less than #be percent of the members71 including such people with intellectual or developmental disabilities who are or were employed under a special certificate4 7,b7 ,a family member of a person with an intellectual or developmental disability who is employed under a special certificate4 7,c7 ,a family member of a person with an intellectual or developmental disability who is employed in competitive integrated employment4 7,d7 ,an employer providing competitive integrated employment4 7,e7 ,an employer providing employment under special certificates4 7,f7 ,a representative of a nonprofit agency or organization specializing in competitive integrated employment4 7,g7 ,a representative of the ,state developmental disability agency4 7,h7 ,a representative of the ,state vocational rehabilitation agency1 as such term is used under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 7,i7 ,a representative of an agency that is in the ,state and described in paragraph 7#f7 or 7#g7 of section #heja of title #da1 ,united ,states ,code4 7,j7 ,a representative of the ,state independent living centers1 as such term is used under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 7,k7 ,a representative of the ,state ,council on ,developmental ,disabilities1 as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7,l7 ,a representative of one of the ,state ,university ,centers for ,excellence in ,developmental ,disabilities ,education1 ,research1 and ,service1 established under subtitle ,d of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejfa et seq474 7,m7 ,a representative of the ,state protection and advocacy system1 as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7,n7 ,a representative of the ,state ,medicaid office4 7,o7 ,representatives of other ,state agencies and disability organizations and other disability related offices and groups with expertise in competitive integrated employment4 7b7 ,geographic diversity ,to the extent practicable1 the ,secretary shall distribute grant funds under this section equitably among geographic areas of the ,united ,states1 and take into account rural and urban diversity4 7c7 ,duration of awards ,a grant under this section shall be awarded for a period of #e years4 7d7 ,limit on award number ,a ,state may only be awarded #a grant under this section4 7e7 ,amount of awards ,a grant awarded under this section may not be made in an amount that is less than #c1jjj1jjj1 or more than #ae1jjj1jjj1 for the #e-year grant period4 7f7 ,additional funding for supported employment services 7#a7 ,in general ,title ,,vi of the ,rehabilitation ,act of #aigc is amended-- 7,a7 in section #fjc 7#bi ,u4,s4,c4 #gie;h7-- 7i7 in subsection 7a71 by adding at the end the following3 7#c7 ,references ,for purposes of this subsection1 any reference in this subsection to sums or amounts appropriated shall not include the amounts appropriated under section #faa7;e74 2 7ii7 in subsection 7c7-- 7,i7 by inserting or a grant under section #faa after allotment under this title2 and 7,,ii7 by inserting or such grant after such allotment2 and 7iii7 in subsection 7d7-- 7,i7 by inserting or a grant under section #faa after allotment under this title2 and 7,,ii7 by inserting or such grant after such allotment2 7,b7 in section #fjd7;b77#b7 7#bi ,u4,s4,c4 #gie;i7b77#b771 by inserting 7or made available through a grant awarded under section #faa7 after allotted under this title2 7,c7 in section #faj 7#bi ,u4,s4,c4 #gieo7-- 7i7 by inserting 1 except for section #faa1 after this title2 7ii7 by striking and2 and 7iii7 by inserting 1 and such sums as may be necessary for each of fiscal years #bjbd through #bjcc before the period at the end2 and 7,d7 by adding at the end the following3 #faa4 ,additional funding for certain ,states with competitive integrated employment 7a7 ,grants ,from amounts appropriated under subsection 7e71 the ,secretary1 in consultation with the ,secretary of ,labor1 shall award a grant under this section to each eligible ,state that submits an application under subsection 7c7 for the purposes described in section #fjd4 7b7 ,eligibility 7#a7 ,in general ,a ,state is eligible for a grant under this section for a fiscal year if the ,state-- 7,a7 is eligible for an allotment under section #fjc7;a7 for the fiscal year2 and 7,b7 has successfully completed a grant under section #ajb of the ,transformation to ,competitive ,integrated ,employment ,act during that fiscal year or the preceding fiscal year1 as determined under paragraph 7#b74 7#b7 ,successfully completing a competitive integrated employment grant ,a ,state has successfully completed a grant under section #ajb of the ,transformation to ,competitive ,integrated ,employment ,act if1 at the conclusion of the #e-year period of the grant1 the ,secretary of ,labor determines the ,state has complied with all requirements under such section for such grant4 7c7 ,application ,a ,state seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including information demonstrating the ,state has successfully complied with the requirements under subsection 7b77#b74 7d7 ,awards 7#a7 ,in general ,a grant to a ,state under this section shall be awarded in an amount determined under paragraph 7#b7 for each of #e fiscal years1 except as provided under paragraph 7#c74 7#b7 ,amount ,subject to available appropriations under subsection 7e71 the amount of a grant under this section to a ,state for a fiscal year shall be equal to #be percent of the amount allotted to such ,state under subsection 7a7 of section #fjc for the preceding fiscal year 7excluding any additional amounts allotted to the ,state under subsection 7b7 of such section74 7#c7 ,continued compliance ,in the case that a ,state receiving a grant under this section ceases compliance with subsection 7b77#b7 for a fiscal year-- 7,a7 no amounts shall be awarded through such grant for such fiscal year2 or 7,b7 if such amounts have already been awarded to the ,state for such fiscal year1 the ,state shall return to the ,secretary such amounts4 7#d7 ,competitive integrated employment fund 7,a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,competitive ,integrated ,employment ,fund 7referred to in this paragraph as the ,fund74 7,b7 ,deposits ,the ,secretary shall deposit into the ,fund any amount received under paragraph 7#c77;,b74 7,c7 ,use of fund amounts ,amounts in the ,fund shall be available to the ,secretary of ,labor1 without fiscal year limitation1 for activities to increase competitive integrated employment opportunities for people with disabilities4 7e7 ,authorization of appropriations ,there are authorized to be appropriated for each of fiscal years #bjbi through #bjcc such sums as may be necessary to carry out this section4 4 7#b7 ,table of contents ,the table of contents in section #a7;b7 of the ,rehabilitation ,act of #aigc is amended by inserting after the item relating to section #faj the following3 ,sec4 #faa4 ,additional funding for certain ,states with competitive integrated employment4 4 #ajc4 ,certificate holder grant program 7a7 ,in general ,to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require4 7b7 ,contents ,each application submitted under subsection 7a7 shall include-- 7#a7 the status of the eligible entity's use of special certificates to employ people with disabilities1 including-- 7,a7 7i7 the number of employees the eligible entity employs using such special certificates at the time of submission of the application2 7ii7 the aggregate demographic profile of such employees1 including gender1 race1 and type of disability of such employees1 unless indicating such demographic profile would disclose personal identifying information2 and 7iii7 an historical accounting1 covering each of the previous #d fiscal years1 of-- 7,i7 the number of employees with a disability working for a wage that is-- 7aa7 less than the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law2 or 7bb7 less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 and 7,,ii7 an aggregate demographic profile of such employees including gender1 race1 ethnicity1 age1 and type of disability2 7,b7 the average1 minimum1 maximum1 and range of hourly wages paid to employees employed using such special certificates during the previous year2 7,c7 for each of the preceding #e fiscal years1 the number of people with disabilities1 disaggregated by fiscal year1 who have been transitioned by the eligible entity from employment under such special certificates to competitive integrated employment2 and 7,d7 a description of the business and program models 7including the financial and organizational structure7 of the eligible entity that is using the special certificates1 including-- 7i7 the number and type of contracts the entity has entered into during the preceding #e fiscal years to supply goods or services1 including an indication for each such contract of whether people with disabilities are employed under the contract2 7ii7 the budget and the funding structure1 including all sources of funding1 for the preceding #e fiscal years2 7iii7 the human resource structure2 and 7iv7 the entities partnering with the eligible entity as described in subsection 7h77#b72 7#b7 a description of activities to be funded under the grant1 and the goals of such activities1 including-- 7,a7 a description of the business and program models of competitive integrated employment or a combination of competitive integrated employment1 integrated services1 and other companionship and personal support services1 into which the models of the eligible entity will transform1 including the business plan1 employment structure1 and leadership organization of the eligible entity2 7,b7 a description of-- 7i7 the integrated services to be provided by the eligible entity2 or 7ii7 the eligible entity's process for referring an individual requiring such services to a provider of such services to ensure that the individual receives such services2 7,c7 after the transformation of the eligible entity's business and program models as described in subparagraph 7,a71 the number of employees that will be employed under such models2 7,d7 the date on which the eligible entity will discontinue using special certificates1 and the funding structure the eligible entity will use to provide competitive integrated employment or a combination of such employment and integrated services2 and 7,e7 the process to be used for the transformation of the eligible entity's business and program models as described in subparagraph 7,a71 including-- 7i7 redesign of contracts2 7ii7 changes in funding sources2 7iii7 staff training on competitive integrated employment support and practices2 7iv7 input from key stakeholders1 including people with disabilities1 their families1 and other local stakeholders2 and 7v7 a description of the individuals who will be responsible for the development and implementation of such process2 7#c7 a description of the process to recruit and engage ,federal1 ,state1 and local governments and nonprofit and private employers to hire people with disabilities who have been employed under special certificates2 7#d7 a timeline of activities to be implemented and goals to be reached on at least a quarterly basis during the #c-year grant period2 7#e7 a description of how the activities under the grant will coordinate and align ,federal1 ,state1 and local programs1 agencies1 and funding in the transformation described in paragraph 7#b77;,a72 7#f7 assurances that-- 7,a7 the activities carried out under the grant will result in the transformation described in paragraph 7#b77;,a72 7,b7 people with disabilities who are employed by the eligible entity under special certificates will be employed in competitive integrated employment2 7,c7 the eligible entity will comply with the requirements of the ,secretary with respect to the collection of data2 7,d7 the eligible entity will cooperate in the evaluation described in title ,,iv by providing all data required and allow evaluation of the activities under the grant2 and 7,e7 the eligible entity will cooperate with the nonprofit entity carrying out technical assistance and dissemination required under title ,,iii2 7#g7 a description of the eligible entity's evaluation plan to determine the impact of the grant2 7#h7 assurances of collaboration and support from all ,state entities involved in supporting people with disabilities to secure competitive integrated employment1 including the ,state ,medicaid agency1 the ,state developmental disability agency1 the ,state vocational rehabilitation agency1 the ,state department of education1 and the ,state board1 and other ,state and local governmental entities 7including the local board7 and organizations that support transformations to providing competitive integrated employment and integrated services for employees employed under a special certificate2 and 7#i7 such other information and assurances as the ,secretary may reasonably require4 7c7 ,geographic diversity ,to the extent practicable1 the ,secretary shall distribute grant funds under this section equitably among geographic areas of the ,united ,states1 and shall take into account rural and urban diversity4 7d7 ,program size ,to the extent practicable1 the ,secretary shall distribute grant funds under this section equitably among eligible entities providing employment using special certificates serving different numbers of people4 7e7 ,duration of awards 7#a7 ,grant period ,a grant awarded under this section shall be awarded for a period of #c years4 7#b7 ,grant cycles ,grants shall be awarded under this section in #b grant cycles4 ,grants for the second grant cycle shall be awarded not earlier than the end of the second year of the first #c-year grant cycle4 7f7 ,limit on award number ,an eligible entity may only be awarded #a grant total under this section4 7g7 ,amount of awards ,a grant awarded under this section may not be made in an amount that is less than #bjj1jjj1 or more than #gej1jjj1 for the #c-year grant period4 7h7 ,eligible entity defined ,in this title1 the term eligible entity means an entity that-- 7#a7 employs people with disabilities under special certificates and is located in a ,state that did not receive a grant under section #ajb2 and 7#b7 partners with at least #b entities with experience providing support to people with disabilities in competitive integrated employment1 such as-- 7,a7 an employer providing competitive integrated employment2 7,b7 a ,state developmental disability agency2 7,c7 a ,state mental health services agency2 7,d7 a representative of an agency described in paragraph 7#f7 or 7#g7 of section #heja of title #da1 ,united ,states ,code2 7,e7 a representative of the ,state ,council on ,developmental ,disabilities1 as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb72 7,f7 a representative of the ,state vocational rehabilitation agency1 as such term is used under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7,g7 a representative of the ,state independent living centers1 as such term is used under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7,h7 a representative of one of the ,state ,university ,centers for ,excellence in ,developmental ,disabilities ,education1 ,research1 and ,service1 established under subtitle ,d of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejfa et seq472 7,i7 a representative of the ,state protection and advocacy system1 as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb72 and 7,j7 a nonprofit agency or organization specializing in competitive integrated employment4 ,,ii ,phase out of special certificates under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich #bja4 ,transition to fair wages for people with disabilities 7a7 ,in general ,subparagraph 7,a7 of section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a77 is amended to read as follows3 7,a7 at a rate that equals1 or exceeds1 the greater of-- 7i7 7,i7 #fj percent of the wage rate in effect under section #f7;a77#a71 beginning on the effective date described in section #bja7;b7 of the ,transformation to ,competitive ,integrated ,employment ,act2 7,,ii7 #gj percent of the wage rate in effect under section #f7;a77#a71 beginning #b years after the date of enactment of such ,act2 7,,iii7 #hj percent of the wage rate in effect under section #f7;a77#a71 beginning #c years after such date of enactment2 7,,iv7 #ij percent of the wage rate in effect under section #f7;a77#a71 beginning #d years after such date of enactment2 and 7,v7 the wage rate in effect under section #f7;a77#a71 beginning #e years after such date of enactment2 or 7ii7 the wage rate in effect on the day before the date of enactment of the ,transformation to ,competitive ,integrated ,employment ,act for the employment1 under a special certificate issued under this paragraph1 of the individual for whom the wage rate is determined under this paragraph2 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ij days after the date of enactment of this ,act4 #bjb4 ,prohibition on new special certificates2 sunset ,section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 7as amended by section #bja71 is further amended by adding at the end the following3 7#f7 ,prohibition on new special certificates ,notwithstanding paragraph 7#a71 the ,secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the ,transformation to ,competitive ,integrated ,employment ,act4 7#g7 ,sunset ,beginning on the day after the date that is #e years after the date of enactment of the ,transformation to ,competitive ,integrated ,employment ,act-- 7,a7 the authority to issue special certificates under paragraph 7#a7 shall expire2 and 7,b7 no special certificates issued under paragraph 7#a7 shall have any legal effect4 4 ,,iii ,technical assistance and dissemination #cja4 ,technical ,assistance and dissemination 7a7 ,grant authorized ,from the amounts appropriated for this title1 the ,secretary 7acting through the ,office of ,disability ,employment ,policy in partnership with the ,employment and ,training ,administration71 in partnership with the ,administration for ,community ,living of the ,department of ,health and ,human ,services and the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education1 shall award a grant to a nonprofit entity to-- 7#a7 7,a7 provide technical assistance to employers who are transforming from employing people with disabilities using special certificates to providing competitive integrated employment2 7,b7 identify and disseminate private and public sector models of the transition described in subparagraph 7,a72 and 7,c7 build a set of replicable strategies for employers using special certificates to increase their use of evidence-based practices in providing competitive integrated employment and increase their options for providing competitive integrated employment2 7#b7 collect and disseminate-- 7,a7 evidence-based practices with respect to the transformations described in paragraph 7#a77;,a71 including practices that increase awareness of and access to training materials from and opportunities offered through the ,office of ,disability ,employment ,policy2 and 7,b7 evidence-based strategies for implementing the aims of activities1 intended to improve the quality of integrated services to result in competitive integrated employment for people with disabilities1 carried out-- 7i7 under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 7ii7 through settlement agreements made pursuant to the employment requirements under the ,olmstead decision2 or 7iii7 through home and community-based services described in the final rule of the ,department of ,health and ,human ,services entitled ,medicaid ,program2 ,state ,plan ,home and ,community-,based ,services1 #e-,year ,period for ,waivers1 ,provider ,payment ,reassignment1 and ,home and ,community-,based ,setting ,requirements for ,community ,first ,choice and ,home and ,community-,based ,services 7,,hcbs7 ,waivers 7#gi ,fed4 ,reg4 #bidh 7,january #af1 #bjad771 or a successor rule2 7#c7 leverage and increase awareness of and access to training materials and opportunities made available through training and technical assistance investments of-- 7,a7 the ,office of ,disability ,employment ,policy2 7,b7 the ,employment and ,training ,administration2 7,c7 the ,administration for ,community ,living of the ,department of ,health and ,human ,services2 and 7,d7 the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education2 and 7#d7 7,a7 raise awareness of efforts in ,states to carry out the ,employment ,first initiative2 and 7,b7 coordinate dissemination efforts related to ,,able accounts and other financial asset development resources through the ,,able ,national ,resource ,center and the ,department of the ,treasury4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 a nonprofit entity shall submit an application to the ,secretary at such time1 in such manner1 and including such information that the ,secretary may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the nonprofit entity's expertise in providing technical assistance that shall include evidence of-- 7i7 knowledge of transforming business and program models providing employment using special certificates to models providing competitive integrated employment and integrated services2 7ii7 knowledge of methods for supporting employers1 including employers not receiving a grant or assistance through a grant under title ,i1 to transform as described in clause 7i72 7iii7 experience working with nonprofit1 for-profit1 ,federal1 ,state1 and local agencies focusing on employment of youth and adults who are people with disabilities2 and 7iv7 experience working with people with disabilities and their families2 7,b7 a description of the nonprofit entity's expertise in providing1 collecting1 compiling1 communicating1 and disseminating information about program and systems change for programs serving people with disabilities that shall include-- 7i7 expertise documenting program change2 7ii7 experience compiling recommended practices related to program transformations2 7iii7 expertise regarding competitive integrated employment for youth and adults who are people with disabilities2 7iv7 expertise working with people with disabilities and their families through systems change procedures2 7v7 expertise creating accessible products to disseminate learned information1 including through web-based means2 7vi7 experience creating accessible websites to disseminate information2 7vii7 experience working with nonprofit1 for-profit1 ,federal1 ,state1 and local agencies focusing on employment of youth and adults who are people with disabilities2 7viii7 experience with assisting youth who are people with disabilities in transitioning from receiving services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et seq47 and from kindergarten through grade #ab to inclusive postsecondary education and competitive integrated employment2 and 7ix7 experience leveraging resources1 available through the ,office of ,disability ,employment ,policy and the ,employment and ,training ,administration1 that are designed to provide effective and efficient services to job seekers who are people with disabilities in competitive integrated employment settings2 and 7,c7 a description of the individuals at the nonprofit entity who will be responsible for carrying out the activities under this title4 7#c7 ,duration of award ,a grant under this section shall be awarded for a period of #f years1 and shall be non-renewable4 7#d7 ,nonprofit entity defined ,in this section1 the term nonprofit entity means a nonprofit entity with expertise in collecting1 compiling1 communicating1 and disseminating information about program and systems change for programs serving people with disabilities4 ,,iv ,reporting and evaluation #dja4 ,impact evaluation and reporting 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall enter into a contract with a nonprofit entity with experience in conducting evaluations of program and systems change efforts to-- 7#a7 conduct a multi-year evaluation on the impact of this ,act1 including the amendments made by this ,act1 with respect to people with disabilities 7including such people receiving a wage rate under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c771 as amended by title ,,ii72 and 7#b7 prepare the reports described in subsection 7c74 7b7 ,evaluation ,in carrying out subsection 7a77#a71 the nonprofit entity awarded a contract under this section shall evaluate-- 7#a7 changes in wages and employment for people described in subsection 7a77#a72 and 7#b7 actions taken by employers and ,states to comply with the amendments made by title ,,ii and1 in the case of an employer or ,state receiving funds under title ,i1 to comply with the transformation requirements under such title4 7c7 ,reports ,the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 the following reports on the evaluation conducted under subsection 7a77#a73 7#a7 ,an interim report on the evaluation1 not later than #c years after the evaluation commences under subsection 7a77#a74 7#b7 ,a final report on such evaluation1 not later than #ah months after the date on which the legal effect of special certificates expire pursuant to paragraph 7#g7 of section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c771 as added by title ,,ii4 #djb4 ,wage and hour reports 7a7 ,in general ,for each year of the #e-year period described in section #ad7;c77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a77;,a771 as amended by title ,,ii1 the ,secretary 7acting through the ,administrator of the ,wage and ,hour ,division71 in coordination with the ,civil ,rights ,division of the ,department of ,justice1 shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 an annual report summarizing practices of employers providing employment using special certificates1 which1 with respect to the preceding year1 shall include-- 7#a7 the number of employees 7of such employers7 who are people with disabilities and who are compensated at a rate that is less than-- 7,a7 the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law2 or 7,b7 the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 7#b7 the type of employment setting 7such as segregated employment or competitive integrated employment7 and the integrated services provided by such employers2 7#c7 the average hourly wage1 minimum and maximum hourly wage1 and average hours worked per week of employees described in paragraph 7#a71 disaggregated by employer and by ,state2 7#d7 the aggregate demographic characteristics of employees described in paragraph 7#a71 including the gender1 ethnicity1 race1 and type of disability of such employees2 and 7#e7 the number of employees who have transitioned from employment provided under a special certificate to competitive integrated employment1 disaggregated by employer and by ,state4 7b7 ,report on audit of existing special certificate holders ,not later than #a year after the date of enactment of this ,act1 the ,secretary 7acting through the ,administrator of the ,wage and ,hour ,division7 shall-- 7#a7 conduct an audit of not less than #aj percent of employers providing employment to employees using special certificates1 as of the date of enactment of this ,act1 which shall include an audit of-- 7,a7 the training and support provided to such employees to promote their transition to competitive integrated employment2 7,b7 the actions taken by employers to identify competitive integrated employment for such employees2 and 7,c7 the wages of such employees1 including whether such wages are at a rate that is less than-- 7i7 the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law2 or 7ii7 the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 and 7#b7 submit a report on such audit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,special ,committee on ,aging of the ,senate1 and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 ,v ,general provisions #eja4 ,definitions ,in this ,act3 7#a7 ,,able account ,the term ,,able account has the meaning given such term in section #ebi;,a7e77#f7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,competitive integrated employment ,the term competitive integrated employment has the meaning given the term in section #g7e7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje7e774 7#c7 ,disability ,the term disability includes any intellectual1 developmental1 mental health1 or other disability4 7#d7 ,integrated community participation and wraparound services2 integrated services 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms integrated community participation and wraparound services or integrated services mean services for people with disabilities that are-- 7i7 designed to assist such people in developing skills and abilities to reside successfully in home and community-based settings2 7ii7 provided in accordance with a person-centered written plan of care2 7iii7 created using evidence-based practices that lead to such people-- 7,i7 maintaining competitive integrated employment2 7,,ii7 achieving independent living2 or 7,,iii7 maximizing socioeconomic self-sufficiency1 optimal independence1 and full participation in the community2 7iv7 provided in a community location that is not specifically intended for people with disabilities2 7v7 provided in a location that-- 7,i7 allows the people receiving the services to interact with people without disabilities to the fullest extent possible2 and 7,,ii7 makes it possible for the people receiving the services to access community resources that are not specifically intended for people with disabilities and to have the same opportunity to participate in the community as people who do not have a disability2 7vi7 provided in multiple locations to allow the individual receiving the services to have options1 thereby-- 7,i7 optimizing individual initiative1 autonomy1 and independence2 and 7,,ii7 facilitating choice regarding services and supports1 and choice regarding the provider of such services2 and 7vii7 in compliance with the final rule of the ,department of ,health and ,human ,services entitled ,medicaid ,program2 ,state ,plan ,home and ,community-,based ,services1 #e-,year ,period for ,waivers1 ,provider ,payment ,reassignment1 and ,home and ,community-,based ,setting ,requirements for ,community ,first ,choice and ,home and ,community-,based ,services 7,,hcbs7 ,waivers 7#gi ,fed4 ,reg4 #bidh 7,january #af1 #bjad771 or a successor rule4 7,b7 ,exclusions ,the terms integrated community participation and wraparound services or integrated services shall not include a service provided in any of the following settings3 7i7 ,a nursing facility4 7ii7 ,an institution for people with mental diseases4 7iii7 ,an intermediate care facility for people with intellectual disabilities4 7iv7 ,a congregate setting in which an individual does not have the ability1 at the time preferred by the individual and in accordance with other preferences of the individual1 to access services supporting the full inclusion and engagement of the individual in the greater community4 7#e7 ,local board2 local plan ,the terms local board and local plan have the meanings given such terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#f7 ,olmstead decision ,the term ,olmstead decision means the decision of the ,supreme ,court of the ,united ,states in ,olmstead v4 ,l4,c41 #ebg ,u4,s4 #eha 7#aiii74 7#g7 ,olmstead plan ,the term ,olmstead plan1 with respect to a ,state1 means the plan of the ,state for complying with the holding in the ,olmstead decision4 7#h7 ,people with disabilities ,the term people with disabilities includes individuals described in section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a774 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#aj7 ,special certificate ,the term special certificate means a special certificate issued under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c774 7#aa7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and the territory of ,guam4 7#ab7 ,state board ,the term ,state board has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#ac7 ,workforce development system ,the term workforce development system has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act4 #ejb4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act1 #bjj1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7b7 ,technical ,assistance ,from amounts made available under subsection 7a7 for each fiscal year1 #a percent shall be allocated for the activities under title ,,iii4