I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Customized Ap5 proaches to Providing And Building Independent Lives of 

6 Inclusion for Transition-aged Youth Act of 2019’’ or the 

7 ‘‘CAPABILITY Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3070 IH

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Good transition services are critical to the 

4 success of youth with disabilities transitioning from 

5 school to employment. 

6 (2) Federal law, including the Individuals with 

7 Disabilities Education Act and the Workforce Inno8 vation and Opportunity Act, require that schools and 

9 adult disability systems (including the State voca10 tional rehabilitation agency (or agencies), the State 

11 developmental disabilities agency, the State mental 

12 health agency, and the State Medicaid agency) col13 laborate to ensure the successful transition of stu14 dents from school to competitive integrated employ15 ment. 

16 (3) The Workforce Innovation and Opportunity 

17 Act requires States to provide preemployment transi18 tion services to students with disabilities, with the 

19 goal of assisting with the transition to competitive 

20 integrated employment. 

21 (4) Despite the goals of Federal laws, schools 

22 and State systems continue to have challenges 

23 transitioning students with intellectual, develop24 mental, mental health, and other significant disabil25 ities and such students continue to achieve the goal 

26 of competitive integrated employment at far lower 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3070 IH

1 rates than their non-disabled peers and even peers 

2 with other disabilities. Only 24 percent of transition3 aged youth with disabilities are employed and only 

4 21 percent of youth with intellectual or develop5 mental disabilities are employed (according to Cor6 nell University). This leads to fewer adults with dis7 abilities working. The most current data indicate 

8 that while 74 percent of working age adults with no 

9 disability are working, only 35 percent of adults with 

10 disabilities, and only 25 percent of adults with cog11 nitive disabilities, are working (according to the 

12 American Community Survey). 

13 (5) Schools and State systems should have 

14 knowledge and expertise in the range of evidence15 based strategies that are particularly effective for 

16 employment of students with disabilities, including 

17 customized employment, the Individual Plan and 

18 Support model, and supported employment. 

19 SEC. 3. DEMONSTRATION GRANT PROGRAM FOR INDIVID20 UALS WITH CERTAIN DISABILITIES. 

21 Section 303 of the Rehabilitation Act of 1973 (29 

22 U.S.C. 773) is amended— 

23 (1) by redesignating subsections (c) through (e) 

24 as subsections (d) through (f), respectively; 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3070 IH

1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) DEMONSTRATION GRANT PROGRAM FOR INDI4 VIDUALS WITH CERTAIN DISABILITIES.— 

5 ‘‘(1) GRANTS AUTHORIZED.—For each of fiscal 

6 years 2020 through 2023, the Secretary shall carry 

7 out a program under which the Secretary makes 

8 grants to States, on a competitive basis, to assist 

9 such States in carrying out activities designed to 

10 help transition-aged youth with covered disabilities 

11 obtain customized, competitive integrated employ12 ment. 

13 ‘‘(2) MAXIMUM NUMBER OF GRANTS.—Not 

14 more than 3 States may receive grants for fiscal 

15 year 2020 and not more than 3 States may receive 

16 grants for fiscal year 2021. A State may not receive 

17 a grant in both fiscal year 2020 and 2021. 

18 ‘‘(3) DURATION.—Each grant under this sec19 tion shall be made for a period of four years. 

20 ‘‘(4) APPLICATION.—To be eligible to receive a 

21 grant under this subsection a State shall submit an 

22 application to the Secretary, at such time, in such 

23 manner, and containing such information as the Sec24 retary may require. Each application shall include, 

25 at minimum, the following: 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3070 IH

1 ‘‘(A) Identification of not fewer than three 

2 locations in the State at which services sup3 ported by the grant will be coordinated, admin4 istered, and made available to the community. 

5 ‘‘(B) Evidence demonstrating the State’s 

6 commitment to carrying out the activities fund7 ed with a grant under this subsection, which 

8 shall include a description of the extent to 

9 which State officials and State agencies will be 

10 involved in carrying out the activities, includ11 ing— 

12 ‘‘(i) the Governor; 

13 ‘‘(ii) the State legislature; and 

14 ‘‘(iii) other State agencies, including 

15 the State’s vocational rehabilitation agen16 cy, Medicaid agency, department of edu17 cation, department of workforce develop18 ment, mental health agency, developmental 

19 disability agency, and any other State 

20 agencies specifically concerned with pro21 viding services to individuals with covered 

22 disabilities. 

23 ‘‘(C) A description of how the State, in 

24 carrying out the activities funded with the 

25 grant, will consult and collaborate with transiVerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

kjohnson on DSK79L0C42 with BILLS
6 

•HR 3070 IH

1 tion-aged youth with covered disabilities and 

2 their families, local educational agencies serving 

3 such transition-aged youth, Developmental Dis4 ability Councils, University Centers for Excel5 lence in Developmental Disabilities Education, 

6 Research, and Service, and other organizations 

7 with expertise in advocating for or providing 

8 employment services to transition age youth. 

9 ‘‘(D) A description of how the State will 

10 evaluate the effectiveness of the activities fund11 ed with the grant. 

12 ‘‘(5) PRIORITY.—In awarding grants under this 

13 subsection, the Secretary shall prioritize the award 

14 of grants to States that will— 

15 ‘‘(A) ensure that the employment obtained 

16 by individuals assisted with grant funds com17 plies with the requirements applicable to cus18 tomized integrated employment, including wage, 

19 benefit, and location requirements; 

20 ‘‘(B) seek technical assistance from appro21 priate public and private sources on an ongoing 

22 basis throughout the grant period; 

23 ‘‘(C) use evidence-based models and stand24 ardized practices of customized employment 

25 services consistent with the Essential Elements 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3070 IH

1 of Customized Employment for Universal Appli2 cation as published by the Workforce Innova3 tion Technical Assistance Center in June 2017, 

4 including the development of an employment or 

5 a career plan for each transition-aged youth 

6 with a covered disability; 

7 ‘‘(D) use a coordinated approach of best 

8 practices in customized employment and sup9 ported employment services to ensure flexible 

10 person-centered services for such youth, includ11 ing the availability of paid internships and op12 portunities for enhanced discovery activities; 

13 ‘‘(E) establish partnerships with employers 

14 to advocate for, with respect to such youth, cus15 tomized, competitive, and integrated job oppor16 tunities, workplace inclusion, paid internships, 

17 and employment supports; 

18 ‘‘(F) provide access to additional resources 

19 needed to facilitate successful employment out20 comes through coordination with the employers 

21 described in subparagraph (E); 

22 ‘‘(G) identify ideal paid internship and job 

23 matches for employers and such youth; 

24 ‘‘(H) provide peer and family mentoring 

25 focused on employment-related information and 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3070 IH

1 resources, including benefits planning and asset 

2 development information; 

3 ‘‘(I) provide training, performance-based 

4 certification, and technical assistance support 

5 for all staff who will be engaged in the provi6 sion of the customized employment and sup7 ported employment services; 

8 ‘‘(J) provide training and information to 

9 vocational rehabilitation counselors, school tran10 sition personnel, and other persons supporting 

11 such youth; 

12 ‘‘(K) collect information with respect to all 

13 employment services, internships, and job out14 comes pursuant to the grant; and 

15 ‘‘(L) ensure transparency of information 

16 and informed choices for such youth and em17 ployers. 

18 ‘‘(6) USE OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—A State that receives 

20 a grant under this subsection shall use the 

21 grant to assist transition-aged youth with cov22 ered disabilities in obtaining customized, com23 petitive integrated employment by— 

24 ‘‘(i) providing customized employment 

25 services to such youth; 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 3070 IH

1 ‘‘(ii) carrying out preemployment 

2 transition services for such youth as de3 scribed in paragraphs (1) through (7) and 

4 (9) of section 113(c); 

5 ‘‘(iii) implementing service models to 

6 address the unique needs of individual 

7 transition-aged youth, such as customized 

8 employment, individual plans and support 

9 models, and supported employment; and 

10 ‘‘(iv) carrying out such other activities 

11 as may be necessary to ensure that such 

12 youth are able to obtain customized, com13 petitive integrated employment. 

14 ‘‘(B) MILESTONES FOR IMPLEMENTA15 TION.—Each State that receives a grant under 

16 this subsection shall achieve the following mile17 stones during the grant period: 

18 ‘‘(i) FIRST YEAR.—In the first year of 

19 the grant period, the State shall carry out 

20 such planning activities as are necessary to 

21 implement the program funded with the 

22 grant. 

23 ‘‘(ii) SECOND YEAR.—In the second 

24 year of the grant period, the State shall 

25 begin carrying out the program funded 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 3070 IH

1 with the grant and shall collect data on the 

2 performance of the program. 

3 ‘‘(iii) THIRD YEAR.—In the third year 

4 of the grant period, the State shall begin 

5 to identify lessons learned and methods to 

6 ensure the sustainability of the program. 

7 ‘‘(iv) FOURTH YEAR.—In the fourth 

8 year of the grant period, the State shall 

9 demonstrate to the Secretary that the pro10 gram funded with the grant has been fully 

11 implemented and is sustainable. 

12 ‘‘(7) REPORT.— 

13 ‘‘(A) IN GENERAL.—Not later than four 

14 years after the date on which the last grant is 

15 made under this subsection, the Secretary shall 

16 submit to Congress a report on the activities 

17 carried out with grants under this subsection. 

18 ‘‘(B) ELEMENTS.—The report under sub19 paragraph (A) shall include, with respect to 

20 each State that received a grant under this sub21 section, the following: 

22 ‘‘(i) a description of how the State 

23 used the grant funds; 

24 ‘‘(ii) the number of individuals who 

25 obtained customized, competitive inteVerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

kjohnson on DSK79L0C42 with BILLS
11 

•HR 3070 IH

1 grated employment as a result of partici2 pating in activities funded with the grant; 

3 ‘‘(iii) with respect to the employment 

4 obtained by such individuals— 

5 ‘‘(I) the average wage earned; 

6 ‘‘(II) any changes in the average 

7 wage earned over time; 

8 ‘‘(III) the average number of 

9 hours worked per week; 

10 ‘‘(IV) the benefits, if any, typi11 cally provided by the employer; and 

12 ‘‘(V) the average duration of the 

13 employment; and 

14 ‘‘(iv) such other information as the 

15 Secretary considers appropriate. 

16 ‘‘(8) STATE INFORMATION COLLECTION.—A 

17 State that receives a grant under this subsection 

18 shall— 

19 ‘‘(A) collect and compile the information 

20 described in clauses (i) through (iii) of subpara21 graph (B); and 

22 ‘‘(B) submit the information to the Sec23 retary at such time and in such manner as the 

24 Secretary may require. 

25 ‘‘(9) DEFINITIONS.—In this subsection: 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3070 IH

1 ‘‘(A) COVERED DISABILITY.—The term 

2 ‘covered disability’ means an intellectual, devel3 opmental, mental health, physical, or other sig4 nificant disability that presents barriers to an 

5 individual transitioning to employment or post6 secondary education. 

7 ‘‘(B) CUSTOMIZED, COMPETITIVE INTE8 GRATED EMPLOYMENT.—The term ‘customized, 

9 competitive integrated employment’ means com10 petitive integrated employment that is cus11 tomized to the unique skills and abilities of a 

12 youth with a covered disability. 

13 ‘‘(C) TRANSITION-AGED YOUTH.—The 

14 term ‘transition-aged youth’ means a person 

15 considered to be a transition-aged youth under 

16 the laws of the State concerned. 

17 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to carry out 

19 this subsection such sums as may be necessary for 

20 each of fiscal years 2020 through 2023.’’; and 

21 (3) in subsection (f), as redesignated by para22 graph (1), by striking ‘‘this section’’ and inserting 

23 ‘‘this section (other than subsection (c))’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS