Sec. 103. Certificate holder grant program
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/bill/118/s/533/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 people with disabilities, including— the number of employees the eligible entity employs using such special certificates at the time of submission of the application; the aggregate demographic profile of such employees, including gender, race, and type of disability of such employees, unless indicating such demographic profile would disclose personal identifying information; and an historical accounting, covering each of the previous 4 fiscal years, of— the number of employees with a disability working for a wage that is— 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 less than the customary 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 an aggregate demographic profile of such employees including gender, race, ethnicity, age, and type of disability; the average, minimum, maximum, and range of hourly wages paid to employees employed using such special certificates during the previous year; for each of the preceding 5 fiscal years, the number of people with disabilities, disaggregated by fiscal year, 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 and type of contracts the entity has entered into during the preceding 5 fiscal years to supply goods or services, including an indication for each such contract of whether people with disabilities are employed under the contract; the budget and the funding structure, including all sources of funding, for the preceding 5 fiscal years; the human resource structure; and the entities partnering with the eligible entity as described in subsection (h)(2); a description of activities to be funded under the grant, and the goals of such activities, including— a description of the business and program models of competitive integrated employment or a combination of competitive integrated employment, integrated services, and other companionship and personal support services, into which the models of the eligible entity will transform, including the business plan, employment structure, and leadership organization of the eligible entity; a description of— the 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; changes in funding sources; staff training on competitive integrated employment support and practices; input from key stakeholders, including people 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 description of the process to recruit and engage Federal, State, and local governments and nonprofit and private employers to hire people with disabilities who have been employed under special certificates; 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); people with disabilities who are employed by the eligible entity under special certificates will be employed in competitive integrated employment; the eligible entity will comply with the requirements of the Secretary with respect to the collection of data; the eligible entity will cooperate in 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 involved in supporting people with disabilities to secure competitive integrated employment, including the State Medicaid agency, the State developmental disability agency, the State vocational rehabilitation agency, the State department of education, and the State board, and other State and local governmental entities (including the local board) and organizations that support transformations to providing competitive integrated employment and integrated services for employees employed under a special certificate; 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 people. 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 not earlier than the end of the second year of the first 3-year grant cycle. An eligible entity may only be awarded 1 grant total under this section. A grant awarded under this section may not be made in an amount that is less than $200,000, or more than $750,000, for the 3-year grant period. In this title, the term eligible entity means an entity that— employs people with disabilities 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 people 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. ); a representative of the State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ); and a nonprofit agency or organization specializing in competitive integrated employment.
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