[Nfbmt] S 1356, WIA, Title V, Section 511

[Bruce&Joy Breslauer]

(a) In General- Title V (29 U.S.C. 791 et seq.) is amended by adding at the
end the following:


`SEC. 511. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES AT A SUBMINIMUM WAGE.


`(a) In General- An entity, including a contractor or subcontractor of the
entity, may not employ an individual with a disability at a wage (referred
to in this section as a `subminimum wage') that is less than the Federal
minimum wage, unless the entity has complied with the requirements of
section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)),
and any of the following additional conditions is met:

`(1) The individual is currently employed, as of the effective date of this
section, by an entity that holds a valid certificate pursuant to section
14(c) of the Fair Labor Standards Act of 1938 (referred to in this section
as a `certificate holder').

`(2) The individual is older than age 24 on the date when the individual
begins employment at a subminimum wage.

`(3) The individual is age 24 or younger and, before beginning work at a
subminimum wage, has completed, and produces documentation indicating
completion of, each of the following 3 actions:

`(A) The individual has received pre-employment transition services that are
available to the individual under section 114, or transition services under
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
such as transition services available to the individual under section 614(d)
of that Act (20 U.S.C. 1414(d)).

`(B) The individual has applied for vocational rehabilitation services under
title I, with the result that--

`(i) the individual has been found ineligible for the services pursuant to
that title; or

`(ii)(I) the individual has been determined to be eligible for vocational
rehabilitation services;

`(II) the individual has an individualized plan for employment under section
102;

`(III) the individual has been working toward an employment outcome
specified in such individualized plan for employment, with appropriate
supports and services, for a reasonable period of time without success; and

`(IV) the individual's vocational rehabilitation case is closed after the
individual's qualified vocational rehabilitation counselor and the
individual both agree that continued efforts by the individual to work
toward an employment outcome, as defined in section 7, at the present time
will likely not be successful.

`(C) The individual (with, in an appropriate case, the individual's parent
or guardian)--

`(i) has been provided career counseling, and information and referrals to
Federal and State programs and other resources in the individual's
geographic area that offer employment-related services and supports designed
to enable the individual to explore, discover, experience, and attain
competitive integrated employment;

`(ii) understands the conditions under which a subminimum wage may be paid;
and

`(iii) consents to work for the employer and be paid a subminimum wage.

`(4) The individual, regardless of age, is receiving work readiness or job
training services provided by a certificate holder, as part of the
individual's preparation for competitive integrated employment, for--

`(A) a period of not more than 6 months; or

`(B) a longer period, if the individual wishes to continue to receive such
services after an initial 6-month period and is reassessed by the agency
referring the individual for such services, or an appropriate entity, not
less often than every 6 months, to determine the individual's ability to
transition to competitive integrated employment.

`(b) Construction- 

`(1) SERVICES- Nothing in subsection (a)(3)(B) shall be construed to
prohibit a designated State unit from allowing an individual to receive work
readiness or job training services provided by a certificate holder, for a
period of not more than 6 months.

`(2) RULE- Nothing in this section shall be construed as changing the
purpose of this Act described in section 2(b)(1), to empower individuals
with disabilities to maximize opportunities for competitive integrated
employment.

`(c) During Employment- 

`(1) IN GENERAL- The entity described in subsection (a) may not continue to
employ an individual at a subminimum wage unless, after the individual
begins work at that wage, at the intervals described in paragraph (2), the
individual (with, in an appropriate case, the individual's parent or
guardian)--

`(A) is provided career counseling, and information and referrals described
in subsection (a)(3)(C)(i), delivered in a manner that facilitates
independent decisionmaking and informed choice, as the individual makes
decisions regarding employment and career advancement; and

`(B) is informed by the employer of self-advocacy, self-determination, and
peer mentoring training opportunities available in the individual's
geographic area, provided by an entity that does not have any financial
interest in the individual's employment outcome, under applicable Federal
and State programs or other sources.

`(2) TIMING- The actions required under subparagraphs (A) and (B) of
paragraph (1) shall be carried out once every 6 months for the first year of
the individual's employment at a subminimum wage, and annually thereafter
for the duration of such employment.

`(3) SMALL BUSINESS EXCEPTION- In the event that the entity described in
subsection (a) is a business with fewer than 15 employees, such entity can
satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by
referring the individual, at the intervals described in paragraph (2), to
the designated State unit for the counseling, information, and referrals
described in subparagraph (A) and the information described in subparagraph
(B).

`(d) Documentation- 

`(1) IN GENERAL- The designated State unit, in consultation with the State
educational agency, shall develop a new process or utilize an existing
process, consistent with guidelines developed by the Secretary, to document
the completion of the actions described in subparagraphs (A), (B), and (C)
of subsection (a)(3) by a youth with a disability who is an individual with
a disability.

`(2) DOCUMENTATION PROCESS- Such process shall require that--

`(A) in the case of a student with a disability, for documentation of
actions described in subsection (a)(3)(A)--

`(i) if such a student with a disability receives and completes each
category described in clauses (i) through (v) of section 7(30)(B) of
available pre-employment transition services, such completion of services
shall be documented by the designated State unit in a manner consistent with
this section;

`(ii) if such a student with a disability receives and completes any
transition services available for students with disabilities under the
Individuals with Disabilities Education Act, including those provided under
section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), such
completion of services shall be documented by the appropriate school
official responsible for the provision of such transition services for
students with disabilities in the school or school district, in a manner
consistent with this section; and

`(iii) a Local Pre-Employment Transition Coordinator shall provide the final
documentation, in a form and manner consistent with this section, of the
completion of pre-employment transition services as described in clause (i),
or transition services under the Individuals with Disabilities Education Act
as described in clause (ii), to the student with a disability within a
reasonable period of time following the completion; and

`(B) when an individual has completed the actions described in subsection
(a)(3)(C), following the completion of the actions described in
subparagraphs (A) and (B) of subsection (a)(3), the designated State unit
shall provide the individual a document indicating such completion, in a
manner consistent with this section, within a reasonable time period
following the completion of the actions described in this subparagraph.

`(e) Verification- 

`(1) BEFORE EMPLOYMENT- Before an individual covered by subsection (a)(3)
begins work for an employer at a subminimum wage, the employer shall review
the documentation received by the individual under subsection (d), and
provided by the individual to the employer, that indicates that the
individual has completed the actions described in subparagraphs (A), (B),
and (C) of subsection (a)(3) and the employer shall maintain copies of the
documentation.

`(2) DURING EMPLOYMENT- In order to continue to employ an individual at a
subminimum wage, the employer shall verify completion of the requirements of
subsection (c), including reviewing any relevant documents provided by the
individual, and shall maintain copies of the documentation.

`(f) Federal Minimum Wage- In this section, the term `Federal minimum wage'
means the rate applicable under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)).'.

(b) Effective Date- This section takes effect 2 years after the date of
enactment of the Workforce Investment Act of 2013.



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