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Code · BILL · 116th Congress · S. 260 (Introduced in Senate) — To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Stan... · Sec. 103

Sec. 103. Certificate holder grant program

1,049 words·~5 min read·/bill/116/s/260/is/section-103

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To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. Each application submitted under subsection
(a)shall include— the status of the eligible entity’s use of special certificates to employ individuals, including— the number of employees the eligible entity employs using such special certificates; the average, minimum, maximum, and range of hourly wages paid to employees employed using such special certificates during the previous year; during the preceding 5-year period, the number of individuals who have been transitioned by the eligible entity from employment under such special certificates to competitive integrated employment; and a description of the business and program models (including the financial and organizational structure) of the eligible entity that is using the special certificates, including— the number of employees paid at a wage below the Federal minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ) at the time of the application; the number and type of contracts the entity has entered into during the preceding 3 fiscal years; the budget and the funding structure for the preceding 3 fiscal years; the human resource structure; and the community partners described in subsection (h)(2) that have partnered with the eligible entity; a description of activities to be funded under the grant, and the goals of the grant activities, including— a description of the business and program models of competitive integrated employment or a combination of competitive integrated employment and integrated services into which the models of the eligible entity will transform, including the business plan, employment structure, and leadership organization; a description of the evidence-based, integrated services— to be provided by the eligible entity; or 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 services; after the transformation of the eligible entity’s business and program models as described in subparagraph (A), the number of employees that will be employed under such models; the date on which the eligible entity will discontinue using special certificates, and the funding structure the eligible entity will use to provide competitive integrated employment or a combination of such employment and integrated services; and the process to be used for the transformation of the eligible entity’s business and program models as described in subparagraph (A), including— redesign of contracts; any changes in funding sources; staff training on inclusive employment practices; input from key stakeholders, including individuals with disabilities, their families, and other local stakeholders; and a description of the individuals who will be responsible for the development and implementation of such process; a timeline of activities to be implemented and goals to be reached on at least a quarterly basis during the 3-year grant period; a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformation described in paragraph (2)(A); assurances that— the activities carried out under the grant will result in the transformation described in paragraph (2)(A); individuals who are employed by the eligible entity under special certificates will be employed in competitive integrated employment or be so employed and receive the integrated services desired by the individual; the eligible entity will comply with the requirements of the Secretary with respect to the collection of data; the eligible entity will cooperate with the evaluation described in title IV by providing all data required and allow evaluation of the activities under the grant; and the eligible entity will cooperate with the nonprofit entity carrying out technical assistance and dissemination required under title III; a description of the eligible entity’s evaluation plan to determine the impact of the grant; assurances of collaboration and support from all State entities (including the State Medicaid agency, the State developmental disability agency, and the State vocational rehabilitation agency) for whom the eligible entity is an approved provider of services; and such other information and assurances as the Secretary may reasonably require. To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and shall take into account rural and urban diversity. To the extent practicable, the Secretary shall distribute grant funds under this section equitably among eligible entities providing employment using special certificates serving different numbers of individuals. A grant awarded under this section shall be awarded for a period of 3 years. Grants shall be awarded under this section in 2 grant cycles. Grants for the second grant cycle shall be awarded upon the expiration of the first 3-year grant period under this section. An eligible entity may only be awarded 1 grant under this section. A grant awarded under this section may not be made in an amount that is less than $100,000, or more than $500,000, for the 3-year grant period. In this title, the term eligible entity means an entity that— employs individuals under special certificates and is located in a State that did not receive a grant under section 102; and partners with at least 2 entities with experience providing support to individuals with disabilities in competitive integrated employment, such as— an employer providing competitive integrated employment; a State developmental disability agency; a State mental health services agency; a representative of an agency described in paragraph
(6)or
(7)of section 8501 of title 41, United States Code; a representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ); a representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); a representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); a representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq.); and a nonprofit agency specializing in competitive integrated employment.
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Sec. 103
Certificate holder grant program
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