To promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes.

July 29, 2005

Mr. ROBERTS (for himself and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Employer Work Incentive Act for Individuals with Severe Disabilities'.

SEC. 2. PURPOSE.

The purpose of this Act is to promote employment opportunities for individuals with severe disabilities, by requiring Federal agencies to offer incentives to Government contractors and subcontractors that employ substantial numbers of individuals with severe disabilities.

SEC. 3. JOBS INITIATIVE FOR INDIVIDUALS WITH SEVERE DISABILITIES.

(a) PREFERENCE FOR CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES- The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section:

`SEC. 42. PREFERENCE FOR CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES.

`(a) PREFERENCE- In entering into a contract, the head of an executive agency shall give a preference in the source selection process to each offeror that submits with its offer for the contract a written pledge that the contractor is an eligible business for purposes of this section.

`(b) UNIFORM PLEDGE- The Federal Acquisition Regulation shall set forth the pledge that is to be used in the administration of this section.

`(c) RESPONSIBILITY OF THE SECRETARY OF LABOR- (1) The Secretary of Labor shall maintain on the Internet web site of the Department of Labor a list of contractors that have submitted the pledge as described in subsection (a).

`(2) The head of each executive agency receiving a pledge as described in subsection (a) shall transmit a copy of the pledge to the Secretary of Labor.

`(d) DEFINITIONS- In this section:

`(1)(A) The term `eligible business' means a nonprofit or for-profit business entity that--

`(i) except as provided in subparagraph (B), demonstrates that it has established an integrated employment setting, as defined by the Secretary of Labor;

`(ii) employs individuals with severe disabilities in not less than 25 percent of the full-time equivalent positions of the business, on average;

`(iii)(I) pays wages to each of the individuals with severe disabilities at not less than the applicable rate described in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), regardless of whether the individuals are engaged in supported employment, or training, under a contract with an executive agency or a program that receives Federal funds; and

`(II) does not employ any individual with a severe disability pursuant to a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)); and

`(iv) makes contributions for at least 50 percent of the total cost of the annual premiums for health insurance coverage for its employees.

`(B) In the case of an entity that has a contract with an executive agency in effect on the date of enactment of the Employer Work Incentive Act for Individuals with Severe Disabilities, subparagraph (A)(i) shall not apply until 3 years after that date of enactment.

`(2)(A) The term `individual with a severe disability' means an individual who is a disabled beneficiary (as defined in section 1148(k)(2) of the Social Security Act (42 U.S.C. 1320b-19(k)(2)) or an individual who would be considered to be such a disabled beneficiary but for having income or assets in excess of the income or asset eligibility limits established under title II or XVI of the Social Security Act, respectively (42 U.S.C. 401 et seq., 1381 et seq.).

`(B) The term `individuals with severe disabilities' means more than 1 individual with a severe disability.'.

(b) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by adding at the end the following new item:

`Sec. 42. Preference for contractors employing individuals with severe disabilities.'.

END