[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5276 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5276

 To require that a conversion to contractor performance of an activity 
  or function of the Federal Government may not result in the loss of 
 employment of any Federal worker with a severe disability employed in 
                       that activity or function.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

    Mr. Van Hollen (for himself, Mr. Allen, Mr. Baca, Ms. Carson of 
   Indiana, Mr. Conyers, Mr. Cummings, Mrs. Davis of California, Mr. 
  Delahunt, Mr. Doggett, Mr. Evans, Mr. Farr, Mr. Foley, Mr. Frank of 
   Massachusetts, Mr. Frost, Mr. Gordon, Mr. Green of Texas, Ms. Ros-
 Lehtinen, Mr. Grijalva, Mr. Hastings of Florida, Mr. Holt, Mr. Honda, 
 Mrs. Jones of Ohio, Mr. Kind, Ms. Lee, Ms. McCarthy of Missouri, Ms. 
McCollum, Mr. McDermott, Mr. McGovern, Mr. George Miller of California, 
  Mr. Moran of Virginia, Mr. Nadler, Mrs. Napolitano, Mr. Olver, Mr. 
Owens, Mr. Pastor, Mr. Payne, Mr. Price of North Carolina, Mr. Rangel, 
Mr. Ruppersberger, Mr. Schiff, Mr. Scott of Virginia, Mr. Serrano, Mr. 
  Tierney, Ms. Watson, Mr. Wu, and Mr. Wynn) introduced the following 
     bill; which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To require that a conversion to contractor performance of an activity 
  or function of the Federal Government may not result in the loss of 
 employment of any Federal worker with a severe disability employed in 
                       that activity or function.

    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 ``Disabled Federal Employees 
Protection Act''.

SEC. 2. PROHIBITION ON TERMINATING EMPLOYMENT OF FEDERAL WORKERS WITH 
              DISABILITIES EMPLOYED IN ACTIVITY OR FUNCTION CONVERTED 
              TO CONTRACTOR PERFORMANCE.

    (a) Prohibition.--In the case of a conversion to contractor 
performance of any activity or function of an executive agency under 
Office of Management and Budget Circular A-76 or any other policy, 
directive, or regulation, including any Most Efficient Organization 
plan, the head of the executive agency may not terminate the employment 
of any employee in that activity or function if--
            (1) the employee is an individual with a disability (as 
        defined in section 7(20)(A) of the Rehabilitation Act of 1973 
        (29 U.S.C. 705(20)(A)); and
            (2) the employee was hired under a plan or program 
        designated for hiring individuals with such disability.
    (b) Exception.--Subsection (a) shall not apply to an activity or 
function that is planned to be changed to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency for 
other severely handicapped persons in accordance with the Javits-
Wagner-O'Day Act (41 U.S.C. 46-48c), if each employee covered by 
subsection (a) is offered another position with the Federal Government, 
or with the nonprofit agency that will perform the activity or 
function, that is equivalent to the position previously held by the 
employee before the change to performance by the nonprofit agency.
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