[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1570 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1570
To promote employment of individuals with severe disabilities through
Federal Government contracting and procurement processes, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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.''.
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