[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9492-S9493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROBERTS (for himself and Mr. Kennedy):
  S. 1570. A bill to promote employment of individuals with severe 
disabilities through Federal Government contracting and procurement 
processes, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. ROBERTS. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1570

         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:

[[Page S9493]]

     ``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.''.
                                 ______