[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 676 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. RES. 676

To recognize the importance of National Disability Employment Awareness 
                                 Month.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2018

    Mrs. Murray (for herself and Mr. Casey) submitted the following 
 resolution; which was referred to the Committee on Health, Education, 
                          Labor, and Pensions

_______________________________________________________________________

                               RESOLUTION


 
To recognize the importance of National Disability Employment Awareness 
                                 Month.

Whereas, in 1945, Congress passed the Joint Resolution of August 11, 1945 (59 
        Stat. 530, chapter 363), to establish the first week in October of each 
        year as ``National Employ the Physically Handicapped Week'';
Whereas, in 1988, Congress passed the Handicapped Programs Technical Amendments 
        Act of 1988 (Public Law 100-630; 102 Stat. 3289), which designated 
        October of each year as ``National Disability Employment Awareness 
        Month'';
Whereas, according to the Centers for Disease Control and Prevention, 
        approximately 61,000,000 people in the United States have a disability;
Whereas, among people with disabilities in the United States, 33 percent 
        participate in the workforce;
Whereas the unemployment rate for people with a disability is higher than for 
        people without a disability across all educational attainment groups;
Whereas community-based, integrated employment at competitive wages is a human 
        right and vital to economic self-sufficiency in the United States;
Whereas Employment First is a national movement, supported by the Department of 
        Labor, that supports the belief that all people, including people with 
        significant disabilities, are capable of full participation in 
        competitive integrated employment and community living;
Whereas, under Employment First policies, State and Federal systems align 
        services, incentives, and policies for youth and adults with 
        disabilities to lead to community-based, integrated employment at 
        competitive wages;
Whereas, when provided the accommodations and support they need, people with 
        disabilities as a group are capable of performing virtually any job in 
        the United States;
Whereas Congress has enacted laws to ensure people with disabilities are not 
        discriminated against in employment, have access to supports and 
        services to find and keep a job, and are entitled to accommodations in 
        the workplace, including--

    (1) in 1973, when Congress enacted the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), a landmark civil rights law that--

    G    (A) prohibits discrimination on the basis of a disability in 
employment by the Federal Government and Federal contractors;

    G    (B) requires the Federal Government and Federal contractors to 
engage in affirmative action to promote the employment and advancement of 
people with disabilities; and

    G    (C) established programs administered by the Rehabilitation 
Services Administration of the Department of Education, including 
vocational rehabilitative services administered by State agencies;

    (2) in 1975, when Congress enacted the Education for All Handicapped 
Children Act of 1975 (Public Law 94-142; 89 Stat. 773), later renamed the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), that 
requires public schools to provide all eligible children with disabilities 
a free appropriate public education in the least restrictive environment, 
including services to assist students with disabilities as those students 
transition from high school to higher education or the workforce;

    (3) in 1990, when Congress enacted the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), a landmark civil rights law that 
prohibits employment discrimination against qualified individuals with 
disabilities, mandates reasonable accommodations in the workplace, and 
requires public entities to provide services (including employment 
services) in the most integrated setting;

    (4) in 2008, when Congress enacted the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), a landmark civil 
rights law that prohibits employment discrimination on the basis of genetic 
information;

    (5) in 2014, when Congress enacted the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3101 et seq.) to strengthen and improve the 
workforce system of the United States to better support people with 
disabilities by--

    G    (A) focusing on increasing competitive integrated employment for 
people with disabilities;

    G    (B) limiting the use of discriminatory subminimum wages; and

    G    (C) requiring that 15 percent of vocational rehabilitation funds 
be used to help people with disabilities transition from high school to 
higher education or the workforce;

    (6) in 2014, when Congress extended the work opportunity tax credit 
program to encourage the hiring of people with disabilities referred by 
vocational rehabilitation agencies; and

    (7) in 2018, when Congress reauthorized the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) to increase the 
focus on and funding for recruiting and supporting individuals with 
disabilities through career and technical education;

Whereas the Federal Government is the largest employer in the United States and 
        has taken steps to increase recruitment, hiring, and retention of people 
        with disabilities in the Federal workforce, including when--

    (1) on July 26, 2000, President William J. Clinton issued Executive 
Order 13163 (29 U.S.C. 791 note; relating to increasing the opportunity for 
individuals with disabilities to be employed in the Federal Government), 
which set the goal for the Federal Government to hire 100,000 people with 
disabilities over 5 years, including individuals with targeted 
disabilities;

    (2) on July 26, 2010, President Barack Obama issued Executive Order 
13548 (29 U.S.C. 791 note; relating to increasing Federal employment of 
individuals with disabilities), which directed the Federal Government to 
take additional steps to achieve the hiring goals of Executive Order 13163 
(29 U.S.C. 791 note; relating to increasing the opportunity for individuals 
with disabilities to be employed in the Federal Government), including--

    G    (A) directing the Office of Personnel Management to design model 
recruitment and hiring strategies for Federal agencies to increase the 
employment of people with disabilities; and

    G    (B) directing each Federal agency to develop a plan for that 
agency for promoting employment opportunities for people with disabilities, 
with--

        G    (i) performance measures and numerical goals for the 
employment of individuals with disabilities and targeted disabilities; and

        G    (ii) a focus on the retention of employees with disabilities;

    (3) on August 18, 2011, President Barack Obama issued Executive Order 
13583 (42 U.S.C. 2000e note; relating to establishing a coordinated 
government-wide initiative to promote diversity and inclusion in the 
Federal workforce), which prompted the Office of Personnel Management to 
encourage the use of Schedule A hiring authority for people with 
disabilities, conduct barrier analyses, and support Special Emphasis 
Programs to promote diversity in the workforce;

    (4) on May 14, 2015, President Barack Obama issued Executive Order 
13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for 
contractors (February 20, 2014)), which required certain Federal Government 
contractors to pay the same minimum wage to workers with disabilities as 
all other workers;

    (5) the Equal Employment Opportunity Commission, in implementing the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), required Federal 
agencies to set hiring and workforce goals for people with specific 
disabilities that are associated with high rates of unemployment and 
underemployment;

    (6) the Equal Employment Opportunity Commission created the Leadership 
for the Employment of Americans with Disabilities (or ``LEAD'') Initiative 
to encourage Federal agencies to recruit, hire, and promote people with 
severe disabilities; and

    (7) the Office of Federal Contract Compliance Programs of the 
Department of Labor, in implementing the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), established a nationwide 7 percent utilization goal 
for Federal contractors employing people with disabilities;

Whereas some private employers see disability employment not only as a civil 
        rights issue but also as a smart business strategy, and have recruited 
        employees with disabilities;
Whereas employing people with disabilities increases the diversity of the 
        workforce;
Whereas employers with diverse workforces have been found to have an advantage 
        over competitors;
Whereas Employment First policies, the laws Congress has enacted, actions by 
        Executive agencies, and actions by some private companies have increased 
        the employment of people with disabilities, which has, in part, resulted 
        in 26 consecutive months of improvement in disability employment in the 
        period between March 2016 and May 2018; and
Whereas, despite progress, unemployment and underemployment of workers with 
        disabilities remains high: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes the importance of National Disability 
        Employment Awareness Month;
            (2) urges Congressional offices, Federal Executive 
        agencies, State and local government employers, and private 
        employers to redouble their efforts to increase employment of 
        people with disabilities; and
            (3) encourages individuals, employers, cities, counties, 
        and States to observe National Disability Employment Awareness 
        Month with appropriate programs and activities that increase 
        the recruitment, hiring, and retention of people with 
        disabilities to the workforce.
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