[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3070
To amend the Rehabilitation Act of 1973 to establish a demonstration
program to assist transition-aged youth with covered disabilities in
obtaining customized, competitive integrated employment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2019
Mr. Moulton (for himself and Mrs. Rodgers of Washington) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To amend the Rehabilitation Act of 1973 to establish a demonstration
program to assist transition-aged youth with covered disabilities in
obtaining customized, competitive integrated employment.
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 ``Customized Approaches to Providing
And Building Independent Lives of Inclusion for Transition-aged Youth
Act of 2019'' or the ``CAPABILITY Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Good transition services are critical to the success of
youth with disabilities transitioning from school to
employment.
(2) Federal law, including the Individuals with
Disabilities Education Act and the Workforce Innovation and
Opportunity Act, require that schools and adult disability
systems (including the State vocational rehabilitation agency
(or agencies), the State developmental disabilities agency, the
State mental health agency, and the State Medicaid agency)
collaborate to ensure the successful transition of students
from school to competitive integrated employment.
(3) The Workforce Innovation and Opportunity Act requires
States to provide preemployment transition services to students
with disabilities, with the goal of assisting with the
transition to competitive integrated employment.
(4) Despite the goals of Federal laws, schools and State
systems continue to have challenges transitioning students with
intellectual, developmental, mental health, and other
significant disabilities and such students continue to achieve
the goal of competitive integrated employment at far lower
rates than their non-disabled peers and even peers with other
disabilities. Only 24 percent of transition-aged youth with
disabilities are employed and only 21 percent of youth with
intellectual or developmental disabilities are employed
(according to Cornell University). This leads to fewer adults
with disabilities working. The most current data indicate that
while 74 percent of working age adults with no disability are
working, only 35 percent of adults with disabilities, and only
25 percent of adults with cognitive disabilities, are working
(according to the American Community Survey).
(5) Schools and State systems should have knowledge and
expertise in the range of evidence-based strategies that are
particularly effective for employment of students with
disabilities, including customized employment, the Individual
Plan and Support model, and supported employment.
SEC. 3. DEMONSTRATION GRANT PROGRAM FOR INDIVIDUALS WITH CERTAIN
DISABILITIES.
Section 303 of the Rehabilitation Act of 1973 (29 U.S.C. 773) is
amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Demonstration Grant Program for Individuals With Certain
Disabilities.--
``(1) Grants authorized.--For each of fiscal years 2020
through 2023, the Secretary shall carry out a program under
which the Secretary makes grants to States, on a competitive
basis, to assist such States in carrying out activities
designed to help transition-aged youth with covered
disabilities obtain customized, competitive integrated
employment.
``(2) Maximum number of grants.--Not more than 3 States may
receive grants for fiscal year 2020 and not more than 3 States
may receive grants for fiscal year 2021. A State may not
receive a grant in both fiscal year 2020 and 2021.
``(3) Duration.--Each grant under this section shall be
made for a period of four years.
``(4) Application.--To be eligible to receive a grant under
this subsection a State shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require. Each application
shall include, at minimum, the following:
``(A) Identification of not fewer than three
locations in the State at which services supported by
the grant will be coordinated, administered, and made
available to the community.
``(B) Evidence demonstrating the State's commitment
to carrying out the activities funded with a grant
under this subsection, which shall include a
description of the extent to which State officials and
State agencies will be involved in carrying out the
activities, including--
``(i) the Governor;
``(ii) the State legislature; and
``(iii) other State agencies, including the
State's vocational rehabilitation agency,
Medicaid agency, department of education,
department of workforce development, mental
health agency, developmental disability agency,
and any other State agencies specifically
concerned with providing services to
individuals with covered disabilities.
``(C) A description of how the State, in carrying
out the activities funded with the grant, will consult
and collaborate with transition-aged youth with covered
disabilities and their families, local educational
agencies serving such transition-aged youth,
Developmental Disability Councils, University Centers
for Excellence in Developmental Disabilities Education,
Research, and Service, and other organizations with
expertise in advocating for or providing employment
services to transition age youth.
``(D) A description of how the State will evaluate
the effectiveness of the activities funded with the
grant.
``(5) Priority.--In awarding grants under this subsection,
the Secretary shall prioritize the award of grants to States
that will--
``(A) ensure that the employment obtained by
individuals assisted with grant funds complies with the
requirements applicable to customized integrated
employment, including wage, benefit, and location
requirements;
``(B) seek technical assistance from appropriate
public and private sources on an ongoing basis
throughout the grant period;
``(C) use evidence-based models and standardized
practices of customized employment services consistent
with the Essential Elements of Customized Employment
for Universal Application as published by the Workforce
Innovation Technical Assistance Center in June 2017,
including the development of an employment or a career
plan for each transition-aged youth with a covered
disability;
``(D) use a coordinated approach of best practices
in customized employment and supported employment
services to ensure flexible person-centered services
for such youth, including the availability of paid
internships and opportunities for enhanced discovery
activities;
``(E) establish partnerships with employers to
advocate for, with respect to such youth, customized,
competitive, and integrated job opportunities,
workplace inclusion, paid internships, and employment
supports;
``(F) provide access to additional resources needed
to facilitate successful employment outcomes through
coordination with the employers described in
subparagraph (E);
``(G) identify ideal paid internship and job
matches for employers and such youth;
``(H) provide peer and family mentoring focused on
employment-related information and resources, including
benefits planning and asset development information;
``(I) provide training, performance-based
certification, and technical assistance support for all
staff who will be engaged in the provision of the
customized employment and supported employment
services;
``(J) provide training and information to
vocational rehabilitation counselors, school transition
personnel, and other persons supporting such youth;
``(K) collect information with respect to all
employment services, internships, and job outcomes
pursuant to the grant; and
``(L) ensure transparency of information and
informed choices for such youth and employers.
``(6) Use of funds.--
``(A) In general.--A State that receives a grant
under this subsection shall use the grant to assist
transition-aged youth with covered disabilities in
obtaining customized, competitive integrated employment
by--
``(i) providing customized employment
services to such youth;
``(ii) carrying out preemployment
transition services for such youth as described
in paragraphs (1) through (7) and (9) of
section 113(c);
``(iii) implementing service models to
address the unique needs of individual
transition-aged youth, such as customized
employment, individual plans and support
models, and supported employment; and
``(iv) carrying out such other activities
as may be necessary to ensure that such youth
are able to obtain customized, competitive
integrated employment.
``(B) Milestones for implementation.--Each State
that receives a grant under this subsection shall
achieve the following milestones during the grant
period:
``(i) First year.--In the first year of the
grant period, the State shall carry out such
planning activities as are necessary to
implement the program funded with the grant.
``(ii) Second year.--In the second year of
the grant period, the State shall begin
carrying out the program funded with the grant
and shall collect data on the performance of
the program.
``(iii) Third year.--In the third year of
the grant period, the State shall begin to
identify lessons learned and methods to ensure
the sustainability of the program.
``(iv) Fourth year.--In the fourth year of
the grant period, the State shall demonstrate
to the Secretary that the program funded with
the grant has been fully implemented and is
sustainable.
``(7) Report.--
``(A) In general.--Not later than four years after
the date on which the last grant is made under this
subsection, the Secretary shall submit to Congress a
report on the activities carried out with grants under
this subsection.
``(B) Elements.--The report under subparagraph (A)
shall include, with respect to each State that received
a grant under this subsection, the following:
``(i) a description of how the State used
the grant funds;
``(ii) the number of individuals who
obtained customized, competitive integrated
employment as a result of participating in
activities funded with the grant;
``(iii) with respect to the employment
obtained by such individuals--
``(I) the average wage earned;
``(II) any changes in the average
wage earned over time;
``(III) the average number of hours
worked per week;
``(IV) the benefits, if any,
typically provided by the employer; and
``(V) the average duration of the
employment; and
``(iv) such other information as the
Secretary considers appropriate.
``(8) State information collection.--A State that receives
a grant under this subsection shall--
``(A) collect and compile the information described
in clauses (i) through (iii) of subparagraph (B); and
``(B) submit the information to the Secretary at
such time and in such manner as the Secretary may
require.
``(9) Definitions.--In this subsection:
``(A) Covered disability.--The term `covered
disability' means an intellectual, developmental,
mental health, physical, or other significant
disability that presents barriers to an individual
transitioning to employment or postsecondary education.
``(B) Customized, competitive integrated
employment.--The term `customized, competitive
integrated employment' means competitive integrated
employment that is customized to the unique skills and
abilities of a youth with a covered disability.
``(C) Transition-aged youth.--The term `transition-
aged youth' means a person considered to be a
transition-aged youth under the laws of the State
concerned.
``(10) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for each of fiscal years 2020 through
2023.''; and
(3) in subsection (f), as redesignated by paragraph (1), by
striking ``this section'' and inserting ``this section (other
than subsection (c))''.
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