Sec. 22201. Competitive integrated employment transformation grant program
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In addition to amounts otherwise made available, there is appropriated to the Department of Labor, $300,000,000 for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until expended, for the Secretary of Labor (referred to in this section as the Secretary ) to award grants to States in accordance with this section to assist employers in such States who were issued special certificates under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) in transforming (or continuing to transform) their business and program models from providing employment using special certificates to business and program models that employ and support people with disabilities in competitive integrated employment and to cover any administrative costs associated with such grants.
The Secretary shall reserve 10 percent of the amount appropriated by subsection
(a)to award grants, in accordance to clause (ii), to States described in subsection (c)(3) that submit an application under subsection
(c)meeting the applicable requirements of such subsection. The Secretary shall allot grants to each State under clause
(i)a grant in an amount that bears the same relationship to the total amount reserved under clause
(i)as the population of the State bears to the total population of all States described in such clause. The Secretary shall use 2 percent of the amounts appropriated in subsection
(a)to establish, either directly or through grants, contracts, or cooperative agreements, a national technical assistance center to provide technical assistance to employers who are transforming from employing people with disabilities using special certificates to providing competitive integrated employment and to collect and disseminate evidence-based practices with respect to the transformations and in providing competitive integrated employment and integrated services. 15 or more covered States In the case that, as of a date determined appropriate by the Secretary, there are 15 or more covered States the Secretary shall allot to each covered State a grant in an amount equal to the sum of the allotted to such State under clauses
(ii)and (iii). From the total amount that is 70 percent of the funds appropriated under subsection
(a)and not reserved under paragraph (1), the Secretary shall allot to each covered State an amount that bears the same relationship to such total amount as the number of people with disabilities who are employed under a special certificate in the covered State bears to the total number of people with disabilities who are employed under a special certificate in all covered States. From the total amount that is 30 percent of the funds appropriated under subsection
(a)and not reserved under paragraph (1), the Secretary shall allot to each covered State an amount that bears the same relationship to such total amount as the number of employers in the covered State who have in effect a special certificate bears to the total number of employers in all covered States who have in effect such a certificate. 14 or fewer covered States In the case that, as of the date determined appropriate by the Secretary under subparagraph (A), there are fewer than 15 covered States, the Secretary shall award grants to each covered State on a competitive basis in an amount that the Secretary determines necessary to accomplish the purpose of the grant described in subsection (a). In this subsection, the term covered State means a State that— is not described in subsection (c)(3); and submits an application under subsection
(c)that meets the applicable requirements under such subsection. A grant under this section shall be awarded for a period of 5 years. The Secretary may not issue a grant under this subsection after September 30, 2025. To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. In the case of a State not described in paragraph (3), an application submitted under paragraph
(1)shall include— a description of the status of the employers in the State providing employment using special certificates, which may include— the number of employers in the State using special certificates to employ and pay people with disabilities; the number of employees in the State employed under a special certificate; the average number of hours such employees work per week; and the average hourly wage for such employees; a description of activities to be funded under the grant, and the goals of such activities, including the activities of the State with respect to competitive integrated employment for people with disabilities; and assurances that— the activities carried out under the grant will, by not later than the end of the 5-year grant period, result in— each employer in the State voluntarily ceasing to use special certificates by the end of the 5-year grant period and no longer applying for or renewing such certificates; or in the case of an employer in the State that, as of the date of enactment of this Act, provides employment using special certificates, the employer— transforms its business and program models as described in subsection (d)(1)(A); or ceases providing specialized employment services for people with disabilities; and each individual in the State who is employed under a special certificate on or after the date of enactment will be employed in competitive integrated employment or a combination of competitive integrated employment and integrated services, including by compensating all employees of the employer for all hours worked at a rate that is— not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law, or the applicable prevailing wage rate under the McNamara-O’Hara Service Contract Act ( 41 U.S.C. 6701 et seq. ); and not less than the rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and the State will establish an advisory council described in subsection
(e)to monitor and guide the process of transforming business and program models of employers in the State as described in subsection (d)(1)(A). In the case of a State that, as of the date of enactment of this Act, is determined by the Secretary to have phased out or to be in the process of phasing out the use of special certificates in the State, an application under this subsection from such State shall include only the information described in paragraph (2)(B). In the case of a State not described in paragraph (2), such State shall use the grant funds for each of the following activities: Identifying 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 a setting involving a combination of competitive integrated employment and integrated services. Implementing a service delivery infrastructure to support people with disabilities who have been employed under special certificates through such a transformation, including providing enhanced integrated services to support people with the most significant disabilities. Expanding competitive integrated employment and integrated services to be provided to such people as a result of transformations described in subparagraph (A). A State that, as of the date of enactment of this Act, is determined by the Secretary to have phased out or to be in the process of phasing out the use of special certificates in the State, shall use the grant funds for expansion of competitive integrated employment and integrated services to be provided to people with disabilities. A State receiving a grant under this section shall, for the purpose described in subsection (c)(2)(C)(iii), establish an advisory council composed of the following: People with disabilities, including people with intellectual or developmental disabilities and people with mental health disabilities, who are or were employed under a special certificate, who shall comprise not less than 25 percent of the members of such advisory council. Family members of a person with an intellectual, developmental, or mental health disability who is or was employed under a special certificate or is employed in competitive integrated employment. An employer providing competitive integrated employment. An employer providing employment under special certificates. Representatives of relevant State agencies with expertise in competitive integrated employment, disability organizations with such expertise, and disability related offices and groups with such expertise.
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Sec. 22201
Competitive integrated employment transformation grant program
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