Sec. 591. Disability employment
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The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by adding at the end the following: The purpose of this section is to establish an Office of Disability Employment Policy, Services, and Supports— to help develop and support national policies and practices that will increase employment and economic advancement opportunities for all individuals with disabilities; to ensure that such individuals are fully integrated into the 21st century workforce; and to help advance the purposes specified in section 2(b).
There is established within the Department of Labor an Office of Disability Employment Policy, Services, and Supports (referred to in this section as the Office ). Except as otherwise specifically provided in this Act, such Office shall be the principal entity carrying out the functions described in this section. The Office shall be headed by an Assistant Secretary of Disability Employment Policy, Services, and Supports (referred to in this title as the Assistant Secretary ) appointed by the President by and with the advice and consent of the Senate.
Except as otherwise specifically provided in this Act, the Assistant Secretary shall be the principal officer carrying out the functions described in this section. The Assistant Secretary shall be an individual with experience in, and a thorough knowledge of, disability employment policy, training and educational opportunities for individuals with disabilities (including youth with disabilities), public benefit programs for individuals with disabilities, job development, and the barriers that may limit employment and economic advancement opportunities of individuals with disabilities.
In carrying out the functions of the Office, the Assistant Secretary shall be guided by the goals of achieving equal opportunity, full participation, economic self-sufficiency, and independent living for all individuals with disabilities, to the greatest extent possible. In the performance of the functions of the Office, the Assistant Secretary shall be directly responsible to the Secretary of Labor. The Assistant Secretary shall provide national leadership, and encourage interagency collaboration, on increasing employment and training opportunities for individuals with disabilities through the development of policies and initiatives (taking into account relevant information from other Federal agencies and including the awarding of grants as appropriate) that— eliminate barriers to the employment and training of individuals with disabilities; advance opportunities for employment, and identify strategies that increase employment opportunities in the private sector, for individuals with disabilities, including recruitment, retention, and promotion of such individuals; identify and remove disincentives that limit or prevent the full employment of individuals with disabilities who are receiving benefits through Federal or State programs such as medical assistance under a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); advise and assist the Department of Labor and other Federal agencies in the development of policies and practices that increase employment opportunities in the Federal Government for individuals with disabilities, including outreach to and recruitment, retention, and promotion of such individuals; assist youth with disabilities, including such youth who are out-of-school youth, in successfully transitioning into competitive integrated employment; increase access for individuals with disabilities seeking employment, education, and training services from a one-stop delivery system described in section 221(e) of the Workforce Investment Act of 2013, and other public and private providers of such services and supports; increase coordination of activities between State vocational rehabilitation programs and the workforce development systems (as defined in section 101 of such Act), including the one-stop centers (as defined in such section 101), including assisting individuals with disabilities in maximizing the services available through such programs, systems, and centers; leverage available public and system resources to address individual and systematic employment barriers for individuals with disabilities, and assist such individuals in navigating the process of coordinating their public benefits, including health care; increase employment opportunities for individuals with significant disabilities; and meet other objectives, as specified by the Secretary of Labor, that will increase employment and training opportunities for individuals with disabilities.
The Assistant Secretary does not have enforcement authority, under Federal laws other than this Act, to carry out the functions described in paragraph (1). For each fiscal year, beginning with the first full fiscal year following the date of enactment of the Workforce Investment Act of 2013, the Secretary of Labor shall prepare a report and submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 90 days after the end of that fiscal year.
The report shall summarize the Office’s progress in— meeting the general objectives specified in paragraphs
(1)and
(2)of subsection (a); meeting each of the 4 goals specified in subsection (c)(3); and developing the specific policies and initiatives specified in subsection (d). There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. Not later than 60 days after the date of enactment of the Workforce Investment Act of 2013, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the Committee ). The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c). Each member so appointed shall be appointed for a 2-year term. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made. The Committee shall be composed of— the Assistant Secretary of Disability Employment Policy, Services, and Supports, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor; the Commissioner of the Administration on Developmental Disabilities, or the Commissioner's designee; the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director's designee; the Commissioner of Social Security, or the Commissioner's designee; the Commissioner of the Disability Employment Services and Supports Administration, or the Commissioner's designee; and representatives from constituencies consisting of— self-advocates for individuals with intellectual or developmental disabilities; providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment; representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities; experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities; representatives from the employer community or a national employer organization; and other individuals or representatives of organizations with expertise on the issue of increasing opportunities for competitive integrated employment for individuals with disabilities. The Secretary of Labor shall designate a Chairperson of the Committee from among the appointed members of the Committee. The Committee shall meet at the call of the Chairperson, but not less often than 4 times per year. The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on, ways to— reduce reliance on the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities, except in limited circumstances or for training purposes; increase the employment opportunities for individuals described in paragraph
(1)in competitive integrated employment; and increase oversight of and accountability for the use of such certificates. The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties. Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary of Labor shall make available to the Committee necessary office space and furnish the Committee, under such arrangements respecting financing as may be appropriate, with necessary equipment, supplies, and services. The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and other appropriate committees of Congress— an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations described in subsection (f); and a final report that summarizes that progress and states final findings, conclusions, and recommendations described in subsection (f). The reports shall be prepared and submitted— in the case of the interim report, not later than 1 year after the date on which the Committee first meets; and in the case of the final report, not later than 2 years after the date on which the Committee first meets. The Committee shall terminate on the day after the date on which the Committee submits the final report. Not later than 120 days after the date of enactment of the Workforce Investment Act of 2013, the Secretary of Labor, acting through the Assistant Secretary and in coordination with the Commissioner of the Disability Employment Services and Supports Administration, the Commissioner of Social Security, and the heads of other relevant Federal agencies and divisions of Federal agencies, shall develop and carry out public education campaigns that educate employers (including small businesses), employees (including individuals with disabilities), and members of the general public (including young adults) on the benefits of hiring individuals with disabilities. The public education campaign for employers (including small businesses) shall include information on— the work opportunity credit under section 51 of the Internal Revenue Code of 1986; and tax incentives available to businesses to help cover the cost of improving accessibility, including— the disabled access credit under section 44 of the Internal Revenue Code of 1986; and the tax deduction available under section 190 of the Internal Revenue Code of 1986, for expenses for architectural barrier removal. The public education campaigns described in subsection
(a)shall include, as necessary, different educational materials in order to adequately target and educate, small businesses, employers generally, employees, and members of the general public, including educational materials on work incentives that may assist individuals with disabilities in leaving programs of public benefits, entering the workforce, advancing their economic status, and contributing to and participating more fully in their communities. . Title I of the Department of Labor Appropriations Act, 2001, as enacted into law by section 1(a)(1) of the Consolidated Appropriations Act, 2001 is amended, in the matter under the header in the matter under the header salaries and expenses , by striking Departmental Management : and all that follows through Provided further , That beginning this purpose . A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— the Assistant Secretary for Disability Employment Policy, shall be deemed to refer to the Assistant Secretary of Disability Employment Policy, Services, and Supports; and the Office of Disability Employment Policy, shall be deemed to refer to the Office of Disability Employment Policy, Services, and Supports.
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