[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1570 Introduced in Senate (IS)]


109th CONGRESS
  1st Session
                                S. 1570

 To promote employment of individuals with severe disabilities through 
Federal Government contracting and procurement processes, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2005

   Mr. Roberts (for himself and Mr. Kennedy) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To promote employment of individuals with severe disabilities through 
Federal Government contracting and procurement processes, and for other 
                               purposes.

    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 ``Employer Work Incentive Act for 
Individuals with Severe Disabilities''.

SEC. 2. PURPOSE.

    The purpose of this Act is to promote employment opportunities for 
individuals with severe disabilities, by requiring Federal agencies to 
offer incentives to Government contractors and subcontractors that 
employ substantial numbers of individuals with severe disabilities.

SEC. 3. JOBS INITIATIVE FOR INDIVIDUALS WITH SEVERE DISABILITIES.

    (a) Preference for Contractors Employing Individuals With Severe 
Disabilities.--The Office of Federal Procurement Policy Act (41 U.S.C. 
403 et seq.) is amended by adding at the end the following new section:

``SEC. 42. PREFERENCE FOR CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE 
              DISABILITIES.

    ``(a) Preference.--In entering into a contract, the head of an 
executive agency shall give a preference in the source selection 
process to each offeror that submits with its offer for the contract a 
written pledge that the contractor is an eligible business for purposes 
of this section.
    ``(b) Uniform Pledge.--The Federal Acquisition Regulation shall set 
forth the pledge that is to be used in the administration of this 
section.
    ``(c) Responsibility of the Secretary of Labor.--(1) The Secretary 
of Labor shall maintain on the Internet web site of the Department of 
Labor a list of contractors that have submitted the pledge as described 
in subsection (a).
    ``(2) The head of each executive agency receiving a pledge as 
described in subsection (a) shall transmit a copy of the pledge to the 
Secretary of Labor.
    ``(d) Definitions.--In this section:
            ``(1)(A) The term `eligible business' means a nonprofit or 
        for-profit business entity that--
                    ``(i) except as provided in subparagraph (B), 
                demonstrates that it has established an integrated 
                employment setting, as defined by the Secretary of 
                Labor;
                    ``(ii) employs individuals with severe disabilities 
                in not less than 25 percent of the full-time equivalent 
                positions of the business, on average;
                    ``(iii)(I) pays wages to each of the individuals 
                with severe disabilities at not less than the 
                applicable rate described in section 6(a)(1) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), 
                regardless of whether the individuals are engaged in 
                supported employment, or training, under a contract 
                with an executive agency or a program that receives 
                Federal funds; and
                    ``(II) does not employ any individual with a severe 
                disability pursuant to a special certificate issued 
                under section 14(c) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 214(c)); and
                    ``(iv) makes contributions for at least 50 percent 
                of the total cost of the annual premiums for health 
                insurance coverage for its employees.
            ``(B) In the case of an entity that has a contract with an 
        executive agency in effect on the date of enactment of the 
        Employer Work Incentive Act for Individuals with Severe 
        Disabilities, subparagraph (A)(i) shall not apply until 3 years 
        after that date of enactment.
            ``(2)(A) The term `individual with a severe disability' 
        means an individual who is a disabled beneficiary (as defined 
        in section 1148(k)(2) of the Social Security Act (42 U.S.C. 
        1320b-19(k)(2)) or an individual who would be considered to be 
        such a disabled beneficiary but for having income or assets in 
        excess of the income or asset eligibility limits established 
        under title II or XVI of the Social Security Act, respectively 
        (42 U.S.C. 401 et seq., 1381 et seq.).
            ``(B) The term `individuals with severe disabilities' means 
        more than 1 individual with a severe disability.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following new item:

``Sec. 42. Preference for contractors employing individuals with severe 
                            disabilities.''.
                                 <all>