118 S2475 IS: Workplace Choice and Flexibility for Individuals with Disabilities Act U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2475IN THE SENATE OF THE UNITED STATESJuly 25, 2023Mr. Johnson introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Rehabilitation Act of 1973 to clarify the definition of competitive integrated employment.

1.

Short title

This Act may be cited as the Workplace Choice and Flexibility for Individuals with Disabilities Act.

2.

Clarification of definition of competitive integrated employment

Section 7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 705(5)) is amended—(1)in subparagraph (B)—(A)by striking not including and inserting including social and interpersonal interactions with colleagues, vendors, customers, superiors, or such other persons as the employee may come into contact with during the work day and across workplace settings, other than; (B)by inserting before the semicolon at the end the following: , except that such interactions shall not be considered solely at the work unit level; and(C)by striking and at the end;(2)by striking the period at the end of subparagraph (C) and inserting ; and; and(3)by adding at the end the following:(D)for which an individual may have been paid—(i)by a contractor—(I)of the Federal Government under a contract with the Federal Government for which priority was given to the contractor on the basis of the bid of the contractor involving supporting employment for individuals with disabilities; or (II)of a State government under a contract with the State government for which priority was given to the contractor on the basis of the bid of the contractor involving supporting employment for individuals with disabilities; (ii)by a subcontractor at any tier of a contractor—(I)of the Federal Government under a subcontract for which priority was given to the subcontractor on the basis of the bid of the subcontractor involving supporting employment for individuals with disabilities; or(II)of a State government under a subcontract for which priority was given to the subcontractor on the basis of the bid of the subcontractor involving supporting employment for individuals with disabilities; or (iii)under a contract mandating a direct labor-hour ratio of individuals with disabilities..

3.

Rule of construction

Nothing in the amendments made by this Act shall be construed to reduce the number of jobs available for referral by a State agency or other entity.

4.

Sense of Congress

It is the sense of Congress that jobs at a location described in paragraph (5)(B) of section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705), and which derive from Federal or State contracts managed by community rehabilitation programs for the purposes of supporting employment for people with disabilities, shall be eligible—(1)for purposes of defining competitive integrated employment under paragraph (5) of that section, to be considered part of the competitive labor market; and(2)for purposes of defining an employment outcome under that section, to be considered to be such an employment outcome.