II 

117TH CONGRESS 

1ST SESSION S. 3238 

To assist employers providing employment under special certificates issued 

under section 14(c) of the Fair Labor Standards Act of 1938 in transforming their business and program models to models that support people 

with disabilities through competitive integrated employment, to phase 

out the use of such special certificates, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2021 

Mr. CASEY (for himself and Mr. DAINES) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor 

Standards Act of 1938 in transforming their business 

and program models to models that support people with 

disabilities through competitive integrated employment, 

to phase out the use of such special certificates, and 

for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Transformation to 

3 Competitive Integrated Employment Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Purposes. 

TITLE I—COMPETITIVE INTEGRATED EMPLOYMENT 

TRANSFORMATION GRANT PROGRAMS 

Sec. 101. Program authorized. 

Sec. 102. State grant program. 

Sec. 103. Certificate holder grant program. 

TITLE II—PHASE OUT OF SPECIAL CERTIFICATES UNDER 

SECTION 14(c) OF THE FAIR LABOR STANDARDS ACT OF 1938 

Sec. 201. Transition to fair wages for people with disabilities. 

Sec. 202. Prohibition on new special certificates; sunset. 

TITLE III—TECHNICAL ASSISTANCE AND DISSEMINATION 

Sec. 301. Technical Assistance and dissemination. 

TITLE IV—REPORTING AND EVALUATION 

Sec. 401. Impact evaluation and reporting. 

Sec. 402. Wage and hour reports. 

TITLE V—GENERAL PROVISIONS 

Sec. 501. Definitions. 

Sec. 502. Authorization of appropriations. 

5 SEC. 3. PURPOSES. 

6 The purposes of this Act are to— 

7 (1) assist employers with special certificates 

8 issued under section 14(c) of the Fair Labor Stand9 ards Act of 1938 (29 U.S.C. 214(c)) to transform 

10 their business and program operations to models 

11 that support people with disabilities to find and re12 tain work in competitive integrated employment; 


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1 (2) ensure people with disabilities, families of 

2 such people, State and local governments, and other 

3 stakeholders are involved in the transformations de4 scribed in paragraph (1); 

5 (3) ensure people employed in programs using 

6 such special certificates transition to competitive in7 tegrated employment positions and, as needed, to in8 tegrated services that support them in their homes 

9 and in community settings; 

10 (4) identify models and processes for shifting 

11 business and program models from such special cer12 tificates to competitive integrated employment mod13 els and integrated community participation and 

14 wraparound services, and to share that information 

15 with other such special certificate holders, State and 

16 local entities, and other service providers for people 

17 with disabilities; and 

18 (5) support States and local governments as 

19 they revise and implement their Olmstead plans and 

20 local plans, respectively, in order to improve com21 petitive integrated employment outcomes for people 

22 with disabilities through all State workforce develop23 ment systems. 


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1 TITLE I—COMPETITIVE INTE2 GRATED EMPLOYMENT 

3 TRANSFORMATION GRANT 

4 PROGRAMS 

5 SEC. 101. PROGRAM AUTHORIZED. 

6 From the amounts appropriated to carry out this 

7 title, the Secretary of Labor shall award grants under sec8 tions 102 and 103, on a competitive basis, to States and 

9 eligible entities to assist employers who were issued special 

10 certificates in transforming their business and program 

11 models from providing employment using such special cer12 tificates to business and program models that employ and 

13 support people with disabilities by— 

14 (1) providing competitive integrated employ15 ment, including by compensating all employees of 

16 the employer at a rate that is— 

17 (A) not less than the higher of the rate 

18 specified in section 6(a)(1) of the Fair Labor 

19 Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

20 or the rate specified in the applicable State or 

21 local minimum wage law; and 

22 (B) not less than the customary rate paid 

23 by the employer for the same or similar work 

24 performed by other employees who are not peo25 ple with disabilities, and who are similarly situVerDate Sep 11 2014 00:32 Nov 20, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3238.IS S3238

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1 ated in similar occupations by the same em2 ployer and who have similar training, experi3 ence, and skills; 

4 (2) assisting people with disabilities who were 

5 employed by the employer in finding and retaining 

6 work in competitive integrated employment, which 

7 work may be with the employer after such trans8 formation or in another competitive integrated em9 ployment setting; 

10 (3) providing integrated community participa11 tion and wraparound services for people with disabil12 ities; and 

13 (4) ensuring all such services and other non14 employment services offered by the employer comply 

15 with the requirements for home and community16 based services under the Home and Community17 Based Services (HCBS) final rule published on Jan18 uary 16, 2014 (79 Fed. Reg. 2948), or a successor 

19 rule. 

20 SEC. 102. STATE GRANT PROGRAM. 

21 (a) APPLICATION.— 

22 (1) IN GENERAL.—To be eligible to receive a 

23 grant under this section, a State shall submit an ap24 plication to the Secretary at such time, in such manVerDate Sep 11 2014 00:32 Nov 20, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3238.IS S3238

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1 ner, and including such information as the Secretary 

2 may reasonably require. 

3 (2) CONTENTS.—Each application submitted 

4 under paragraph (1) shall include— 

5 (A) a description of the status of the em6 ployers in the State providing employment 

7 using special certificates, including— 

8 (i) the number of employers in the 

9 State using special certificates to employ 

10 and pay people with disabilities; 

11 (ii) the number of employers described 

12 in clause (i) that also employ people with 

13 disabilities in competitive integrated em14 ployment, which shall include employers 

15 providing such employment in combination 

16 with integrated services; 

17 (iii) the number of employees em18 ployed under a special certificate, 

19 disaggregated by— 

20 (I) employer; and 

21 (II) demographic characteristics, 

22 including gender, race, ethnicity, and 

23 type of disability, unless indicating 

24 such characteristics would disclose 

25 personal identifying information; 


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1 (iv) the average, median, minimum, 

2 and maximum number of hours such em3 ployees work per week, disaggregated by 

4 employer, and reported for the State as a 

5 whole; and 

6 (v) the average, median, minimum, 

7 and maximum hourly wage for such em8 ployees, disaggregated by employer, and 

9 reported for the State as a whole; 

10 (B) a description of the activities of the 

11 State with respect to competitive integrated em12 ployment for people with disabilities, including, 

13 as applicable— 

14 (i) a copy of the State plan for car15 rying out the Employment First initiative; 

16 (ii) a copy of the Olmstead plan of the 

17 State; 

18 (iii) a description of activities related 

19 to the development and promotion of 

20 ABLE accounts; and 

21 (iv) a description of the medical as22 sistance provided by the State through a 

23 Medicaid buy-in eligibility pathway under 

24 subclause (XV) or (XVI) of section 

25 1902(a)(10)(A)(ii) of the Social Security 


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1 Act (42 U.S.C. 1396a(a)(10)(A)(ii)), in2 cluding any premiums or other cost shar3 ing imposed on individuals who enroll in 

4 the State Medicaid program through such 

5 a pathway; 

6 (C) a description of activities to be funded 

7 under the grant, and the goals of such activi8 ties, including— 

9 (i) the process to be used to identify 

10 each employer in the State that will trans11 form its business and program models 

12 from employing people with disabilities 

13 using special certificates to employing peo14 ple with disabilities in competitive inte15 grated employment settings, or a setting 

16 involving a combination of competitive in17 tegrated employment and integrated serv18 ices; 

19 (ii) the number of such employers in 

20 the State that will carry out a trans21 formation described in clause (i); 

22 (iii) the service delivery infrastructure 

23 that will be implemented in the State to 

24 support people with disabilities who have 

25 been employed under special certificates 


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1 through such a transformation, including 

2 providing enhanced integrated services to 

3 support people with the most significant 

4 disabilities; 

5 (iv) a description of the process to re6 cruit and engage Federal, State, and local 

7 governments and nonprofit and private em8 ployers to hire people with disabilities into 

9 competitive integrated employment who 

10 have been employed under special certifi11 cates; 

12 (v) the competitive integrated employ13 ment and integrated services that will be 

14 implemented in the State to support such 

15 people; 

16 (vi) a timeline for assisting employers 

17 that operate in the State in phasing out 

18 employment using special certificates, 

19 which shall not extend past the date on 

20 which the legal effect of such certificates 

21 expires under section 14(c)(7) of the Fair 

22 Labor Standards Act of 1938 (29 U.S.C. 

23 214(c)(7)), as added by title II; 

24 (vii) a timeline for the expansion of 

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1 tegrated employment, or a combination of 

2 competitive integrated employment and in3 tegrated services, to people with disabilities 

4 who have been employed by such employers 

5 under special certificates; 

6 (viii) a description of the expanded 

7 competitive integrated employment and in8 tegrated services to be provided to such 

9 people as a result of transformations de10 scribed in clause (i); and 

11 (ix) a description of the process to be 

12 used to engage stakeholders in such trans13 formations; 

14 (D) a description of how the activities 

15 under the grant will coordinate and align Fed16 eral, State, and local programs, agencies, and 

17 funding in the transformations described in 

18 subparagraph (C)(i); 

19 (E) a description of the State’s evaluation 

20 plan to determine the social and economic im21 pact of the grant, including the impact (as 

22 measured throughout the transformation and 

23 the 2-year period after the State has assisted 

24 employers in phasing out employment using 

25 special certificates) on— 


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1 (i) the employment status of people 

2 with disabilities in the State, including the 

3 number of hours worked, average wages, 

4 and job satisfaction, of such people; and 

5 (ii) changes in provider capacity to 

6 support competitive integrated employment 

7 and integrated services; 

8 (F) assurances that— 

9 (i) the activities carried out under the 

10 grant will result in each employer in the 

11 State that provides employment using spe12 cial certificates on the date of enactment of 

13 this Act transforming as described in sub14 paragraph (C)(i); 

15 (ii) people with the most significant 

16 disabilities, including intellectual and de17 velopmental disabilities, who will be af18 fected by such a transformation will be 

19 given priority in receiving the necessary 

20 competitive integrated employment sup21 ports and integrated services to succeed 

22 during and after such a transformation; 

23 (iii) each individual in the State who 

24 is employed under a special certificate will, 

25 as a result of such a transformation, be 


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1 given an opportunity to be employed in 

2 competitive integrated employment; 

3 (iv) at a minimum, the State agencies 

4 responsible for developmental disability 

5 services, Medicaid, education, vocational 

6 rehabilitation, mental health services, 

7 transportation, and workforce development 

8 agree to be partners in the goals of the 

9 grant; 

10 (v) until the date that is 2 years after 

11 the legal effect of special certificates ex12 pires under section 14(c)(7) of the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 

14 214(c)(7)), as added by title II, the State 

15 will comply with requirements of the Sec16 retary with respect to the collection of 

17 data, and will require employers providing 

18 employment under special certificates in 

19 the State to comply with such require20 ments; 

21 (vi) the State will cooperate with the 

22 evaluation under title IV by providing all 

23 data required and allow the evaluation of 

24 activities under the grant; 


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1 (vii) the State will establish an advi2 sory council described in paragraph (3) to 

3 monitor and guide the process of trans4 forming business and program models of 

5 employers in the State as described in sub6 paragraph (C)(i); 

7 (viii) the State will cooperate with the 

8 nonprofit entity carrying out technical as9 sistance and dissemination activities under 

10 title III; 

11 (ix) all integrated services and non12 employment services offered by employers 

13 in the State will comply with— 

14 (I) the requirements for home 

15 and community-based services under 

16 the Home and Community-Based 

17 Services (HCBS) final rule published 

18 on January 16, 2014 (79 Fed. Reg. 

19 2948), or a successor rule; 

20 (II) the holding of the Olmstead 

21 decision; and 

22 (III) the Americans with Disabil23 ities Act of 1990 (42 U.S.C. 12101 et 

24 seq.); and 


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1 (x) the State will disseminate informa2 tion to all people with disabilities employed 

3 under special certificates regarding the 

4 availability of— 

5 (I) ABLE accounts and other 

6 asset developmental options for people 

7 with disabilities; 

8 (II) the Ticket to Work and Self 

9 Sufficiency Program established under 

10 section 1148 of the Social Security 

11 Act (42 U.S.C. 1320b–19); and 

12 (III) other resources related to 

13 benefits counseling for people with 

14 disabilities who wish to work or are 

15 working in competitive integrated em16 ployment settings; and 

17 (G) such other information and assurances 

18 as the Secretary may reasonably require. 

19 (3) MEMBERS OF THE ADVISORY COUNCIL.—A 

20 State receiving a grant under this section shall, for 

21 the purpose described in paragraph (2)(F)(vii), es22 tablish an advisory council composed of the fol23 lowing: 

24 (A) People with disabilities, including such 

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1 abilities who are or were employed under a spe2 cial certificate, who shall comprise not less than 

3 25 percent of the members. 

4 (B) A family member of a person with an 

5 intellectual or developmental disability who is 

6 employed under a special certificate. 

7 (C) A family member of a person with an 

8 intellectual or developmental disability who is 

9 employed in competitive integrated employment. 

10 (D) An employer providing competitive in11 tegrated employment. 

12 (E) An employer providing employment 

13 under special certificates. 

14 (F) A representative of a nonprofit agency 

15 or organization specializing in competitive inte16 grated employment. 

17 (G) A representative of the State develop18 mental disability agency. 

19 (H) A representative of the State voca20 tional rehabilitation agency, as such term is 

21 used under the Rehabilitation Act of 1973 (29 

22 U.S.C. 701 et seq.). 

23 (I) A representative of an agency in the 

24 State described in paragraph (6) or (7) of sec25 tion 8501 of title 41, United States Code. 


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1 (J) A representative of the State inde2 pendent living centers, as such term is used 

3 under the Rehabilitation Act of 1973 (29 

4 U.S.C. 701 et seq.). 

5 (K) A representative of the State Council 

6 on Developmental Disabilities, as defined in sec7 tion 102 of the Developmental Disabilities As8 sistance and Bill of Rights Act of 2000 (42 

9 U.S.C. 15002). 

10 (L) A representative of one of the State 

11 University Centers for Excellence in Develop12 mental Disabilities Education, Research, and 

13 Service, established under subtitle D of title I 

14 of the Developmental Disabilities Assistance 

15 and Bill of Rights Act of 2000 (42 U.S.C. 

16 15061 et seq.). 

17 (M) A representative of the State protec18 tion and advocacy system, as defined in section 

19 102 of the Developmental Disabilities Assist20 ance and Bill of Rights Act of 2000 (42 U.S.C. 

21 15002). 

22 (N) A representative of the State Medicaid 

23 office. 

24 (O) Representatives of other State agencies 

25 and disability organizations and other disability 


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1 related offices and groups with expertise in 

2 competitive integrated employment. 

3 (b) GEOGRAPHIC DIVERSITY.—To the extent prac4 ticable, the Secretary shall distribute grant funds under 

5 this section equitably among geographic areas of the 

6 United States, and take into account rural and urban di7 versity. 

8 (c) DURATION OF AWARDS.—A grant under this sec9 tion shall be awarded for a period of 5 years. 

10 (d) LIMIT ON AWARD NUMBER.—A State may only 

11 be awarded 1 grant under this section. 

12 (e) AMOUNT OF AWARDS.—A grant awarded under 

13 this section may not be made in an amount that is less 

14 than $3,000,000, or more than $15,000,000, for the 5- 

15 year grant period. 

16 (f) ADDITIONAL FUNDING FOR SUPPORTED EMPLOY17 MENT SERVICES.— 

18 (1) IN GENERAL.—Title VI of the Rehabilita19 tion Act of 1973 is amended— 

20 (A) in section 603 (29 U.S.C. 795h)— 

21 (i) in subsection (a), by adding at the 

22 end the following: 

23 ‘‘(3) REFERENCES.—For purposes of this sub24 section, any reference in this subsection to sums or 


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1 amounts appropriated shall not include the amounts 

2 appropriated under section 611(e).’’; 

3 (ii) in subsection (c)— 

4 (I) by inserting ‘‘or a grant 

5 under section 611’’ after ‘‘allotment 

6 under this title’’; and 

7 (II) by inserting ‘‘or such grant’’ 

8 after ‘‘such allotment’’; and 

9 (iii) in subsection (d)— 

10 (I) by inserting ‘‘or a grant 

11 under section 611’’ after ‘‘allotment 

12 under this title’’; and 

13 (II) by inserting ‘‘or such grant’’ 

14 after ‘‘such allotment’’; 

15 (B) in section 604(b)(2) (29 U.S.C. 

16 795i(b)(2)), by inserting ‘‘(or made available 

17 through a grant awarded under section 611)’’ 

18 after ‘‘allotted under this title’’; 

19 (C) in section 610 (29 U.S.C. 795o)— 

20 (i) by inserting ‘‘, except for section 

21 611,’’ after ‘‘this title’’; 

22 (ii) by striking ‘‘and’’; and 

23 (iii) by inserting ‘‘, and such sums as 

24 may be necessary for each of fiscal years 


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1 2022 through 2031’’ before the period at 

2 the end; and 

3 (D) by adding at the end the following: 

4 ‘‘SEC. 611. ADDITIONAL FUNDING FOR CERTAIN STATES 

5 WITH COMPETITIVE INTEGRATED EMPLOY6 MENT. 

7 ‘‘(a) GRANTS.—From amounts appropriated under 

8 subsection (e), the Secretary, in consultation with the Sec9 retary of Labor, shall award a grant under this section 

10 to each eligible State that submits an application under 

11 subsection (c) for the purposes described in section 604. 

12 ‘‘(b) ELIGIBILITY.— 

13 ‘‘(1) IN GENERAL.—A State is eligible for a 

14 grant under this section for a fiscal year if the 

15 State— 

16 ‘‘(A) is eligible for an allotment under sec17 tion 603(a) for the fiscal year; and 

18 ‘‘(B) has successfully completed a grant 

19 under section 102 of the Transformation to 

20 Competitive Integrated Employment Act during 

21 that fiscal year or the preceding fiscal year, as 

22 determined under paragraph (2). 

23 ‘‘(2) SUCCESSFULLY COMPLETING A COMPETI24 TIVE INTEGRATED EMPLOYMENT GRANT.—A State 

25 has successfully completed a grant under section 


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1 102 of the Transformation to Competitive Inte2 grated Employment Act if, at the conclusion of the 

3 5-year period of the grant, the Secretary of Labor 

4 determines the State has complied with all require5 ments under such section for such grant. 

6 ‘‘(c) APPLICATION.—A State seeking a grant under 

7 this section shall submit an application to the Secretary 

8 at such time, in such manner, and containing such infor9 mation as the Secretary may reasonably require, including 

10 information demonstrating the State has successfully com11 plied with the requirements under subsection (b)(2). 

12 ‘‘(d) AWARDS.— 

13 ‘‘(1) IN GENERAL.—A grant to a State under 

14 this section shall be awarded in an amount deter15 mined under paragraph (2) for each of 5 fiscal 

16 years, except as provided under paragraph (3). 

17 ‘‘(2) AMOUNT.—Subject to available appropria18 tions under subsection (e), the amount of a grant 

19 under this section to a State for a fiscal year shall 

20 be equal to 25 percent of the amount allotted to 

21 such State under subsection (a) of section 603 for 

22 the preceding fiscal year (excluding any additional 

23 amounts allotted to the State under subsection (b) 

24 of such section). 


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1 ‘‘(3) CONTINUED COMPLIANCE.—In the case 

2 that a State receiving a grant under this section 

3 ceases compliance with subsection (b)(2) for a fiscal 

4 year— 

5 ‘‘(A) no amounts shall be awarded through 

6 such grant for such fiscal year; or 

7 ‘‘(B) if such amounts have already been 

8 awarded to the State for such fiscal year, the 

9 State shall return to the Secretary such 

10 amounts. 

11 ‘‘(4) COMPETITIVE INTEGRATED EMPLOYMENT

12 FUND.— 

13 ‘‘(A) ESTABLISHMENT OF FUND.—There 

14 is established in the Treasury of the United 

15 States a fund to be known as the ‘Competitive 

16 Integrated Employment Fund’ (referred to in 

17 this paragraph as the ‘Fund’). 

18 ‘‘(B) DEPOSITS.—The Secretary shall de19 posit into the Fund any amount received under 

20 paragraph (3)(B). 

21 ‘‘(C) USE OF FUND AMOUNTS.—Amounts 

22 in the Fund shall be available to the Secretary 

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1 ployment opportunities for people with disabil2 ities. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for each of fiscal years 

5 2027 through 2031 such sums as may be necessary to 

6 carry out this section.’’. 

7 (2) TABLE OF CONTENTS.—The table of con8 tents in section 1(b) of the Rehabilitation Act of 

9 1973 is amended by inserting after the item relating 

10 to section 610 the following: 

‘‘Sec. 611. Additional funding for certain States with competitive integrated 

employment.’’. 

11 SEC. 103. CERTIFICATE HOLDER GRANT PROGRAM. 

12 (a) IN GENERAL.—To be eligible to receive a grant 

13 under this section, an eligible entity shall submit an appli14 cation to the Secretary at such time, in such manner, and 

15 including such information as the Secretary may reason16 ably require. 

17 (b) CONTENTS.—Each application submitted under 

18 subsection (a) shall include— 

19 (1) the status of the eligible entity’s use of spe20 cial certificates to employ people with disabilities, in21 cluding— 

22 (A)(i) the number of employees the eligible 

23 entity employs using such special certificates at 

24 the time of submission of the application; 


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1 (ii) the aggregate demographic profile of 

2 such employees, including gender, race, and 

3 type of disability of such employees, unless indi4 cating such demographic profile would disclose 

5 personal identifying information; and 

6 (iii) an historical accounting, covering each 

7 of the previous 4 fiscal years, of— 

8 (I) the number of employees with a 

9 disability working for a wage that is— 

10 (aa) less than the higher of the 

11 rate specified in section 6(a)(1) of the 

12 Fair Labor Standards Act of 1938 

13 (29 U.S.C. 206(a)(1)) or the rate 

14 specified in the applicable State or 

15 local minimum wage law; or 

16 (bb) less than the customary rate 

17 paid by the employer for the same or 

18 similar work performed by other em19 ployees who are not people with dis20 abilities, and who are similarly situ21 ated in similar occupations by the 

22 same employer and who have similar 

23 training, experience, and skills; and 


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1 (II) an aggregate demographic profile 

2 of such employees including gender, race, 

3 ethnicity, age, and type of disability; 

4 (B) the average, minimum, maximum, and 

5 range of hourly wages paid to employees em6 ployed using such special certificates during the 

7 previous year; 

8 (C) during the preceding 5 fiscal years, the 

9 number of people with disabilities, 

10 disaggregated by fiscal year, who have been 

11 transitioned by the eligible entity from employ12 ment under such special certificates to competi13 tive integrated employment; and 

14 (D) a description of the business and pro15 gram models (including the financial and orga16 nizational structure) of the eligible entity that 

17 is using the special certificates, including— 

18 (i) the number and type of contracts 

19 the entity has entered into during the pre20 ceding 5 fiscal years to supply goods or 

21 services, including an indication for each 

22 such contract of whether people with dis23 abilities are employed under the contract; 


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1 (ii) the budget and the funding struc2 ture, including all sources of funding, for 

3 the preceding 5 fiscal years; 

4 (iii) the human resource structure; 

5 and 

6 (iv) the entities partnering with the 

7 eligible entity as described in subsection 

8 (h)(2); 

9 (2) a description of activities to be funded 

10 under the grant, and the goals of such activities, in11 cluding— 

12 (A) a description of the business and pro13 gram models of competitive integrated employ14 ment or a combination of competitive integrated 

15 employment, integrated services, and other com16 panionship and personal support services, into 

17 which the models of the eligible entity will 

18 transform, including the business plan, employ19 ment structure, and leadership organization of 

20 the eligible entity; 

21 (B) a description of— 

22 (i) the integrated services to be pro23 vided by the eligible entity; or 

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1 ices to a provider of such services to en2 sure that the individual receives such serv3 ices; 

4 (C) after the transformation of the eligible 

5 entity’s business and program models as de6 scribed in subparagraph (A), the number of em7 ployees that will be employed under such mod8 els; 

9 (D) the date on which the eligible entity 

10 will discontinue using special certificates, and 

11 the funding structure the eligible entity will use 

12 to provide competitive integrated employment 

13 or a combination of such employment and inte14 grated services; and 

15 (E) the process to be used for the trans16 formation of the eligible entity’s business and 

17 program models as described in subparagraph 

18 (A), including— 

19 (i) redesign of contracts; 

20 (ii) changes in funding sources; 

21 (iii) staff training on competitive inte22 grated employment support and practices; 

23 (iv) input from key stakeholders, in24 cluding people with disabilities, their fami25 lies, and other local stakeholders; and 


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1 (v) a description of the individuals 

2 who will be responsible for the development 

3 and implementation of such process; 

4 (3) a description of the process to recruit and 

5 engage Federal, State, and local governments and 

6 nonprofit and private employers to hire people with 

7 disabilities who have been employed under special 

8 certificates; 

9 (4) a timeline of activities to be implemented 

10 and goals to be reached on at least a quarterly basis 

11 during the 3-year grant period; 

12 (5) a description of how the activities under the 

13 grant will coordinate and align Federal, State, and 

14 local programs, agencies, and funding in the trans15 formation described in paragraph (2)(A); 

16 (6) assurances that— 

17 (A) the activities carried out under the 

18 grant will result in the transformation described 

19 in paragraph (2)(A); 

20 (B) people with disabilities who are em21 ployed by the eligible entity under special cer22 tificates will be employed in competitive inte23 grated employment; 


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1 (C) the eligible entity will comply with the 

2 requirements of the Secretary with respect to 

3 the collection of data; 

4 (D) the eligible entity will cooperate in the 

5 evaluation described in title IV by providing all 

6 data required and allow evaluation of the activi7 ties under the grant; and 

8 (E) the eligible entity will cooperate with 

9 the nonprofit entity carrying out technical as10 sistance and dissemination required under title 

11 III; 

12 (7) a description of the eligible entity’s evalua13 tion plan to determine the impact of the grant; 

14 (8) assurances of collaboration and support 

15 from all State entities involved in supporting people 

16 with disabilities to secure competitive integrated em17 ployment, including the State Medicaid agency, the 

18 State developmental disability agency, the State vo19 cational rehabilitation agency, the State department 

20 of education, and the State board, and other State 

21 and local governmental entities (including the local 

22 board) and organizations that support trans23 formations to providing competitive integrated em24 ployment and integrated services for employees em25 ployed under a special certificate; and 


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1 (9) such other information and assurances as 

2 the Secretary may reasonably require. 

3 (c) GEOGRAPHIC DIVERSITY.—To the extent prac4 ticable, the Secretary shall distribute grant funds under 

5 this section equitably among geographic areas of the 

6 United States, and shall take into account rural and urban 

7 diversity. 

8 (d) PROGRAM SIZE.—To the extent practicable, the 

9 Secretary shall distribute grant funds under this section 

10 equitably among eligible entities providing employment 

11 using special certificates serving different numbers of peo12 ple. 

13 (e) DURATION OF AWARDS.— 

14 (1) GRANT PERIOD.—A grant awarded under 

15 this section shall be awarded for a period of 3 years. 

16 (2) GRANT CYCLES.—Grants shall be awarded 

17 under this section in 2 grant cycles. Grants for the 

18 second grant cycle shall be awarded not earlier than 

19 the end of the second year of the first 3-year grant 

20 cycle. 

21 (f) LIMIT ON AWARD NUMBER.—An eligible entity 

22 may only be awarded 1 grant total under this section. 

23 (g) AMOUNT OF AWARDS.—A grant awarded under 

24 this section may not be made in an amount that is less 


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1 than $200,000, or more than $750,000, for the 3-year 

2 grant period. 

3 (h) ELIGIBLE ENTITY DEFINED.—In this title, the 

4 term ‘‘eligible entity’’ means an entity that— 

5 (1) employs people with disabilities under spe6 cial certificates and is located in a State that did not 

7 receive a grant under section 102; and 

8 (2) partners with at least 2 entities with experi9 ence providing support to people with disabilities in 

10 competitive integrated employment, such as— 

11 (A) an employer providing competitive in12 tegrated employment; 

13 (B) a State developmental disability agen14 cy; 

15 (C) a State mental health services agency; 

16 (D) a representative of an agency de17 scribed in paragraph (6) or (7) of section 8501 

18 of title 41, United States Code; 

19 (E) a representative of the State Council 

20 on Developmental Disabilities, as defined in sec21 tion 102 of the Developmental Disabilities As22 sistance and Bill of Rights Act of 2000 (42 

23 U.S.C. 15002); 

24 (F) a representative of the State vocational 

25 rehabilitation agency, as such term is used 


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1 under the Rehabilitation Act of 1973 (29 

2 U.S.C. 701 et seq.); 

3 (G) a representative of the State inde4 pendent living centers, as such term is used 

5 under the Rehabilitation Act of 1973 (29 

6 U.S.C. 701 et seq.); 

7 (H) a representative of one of the State 

8 University Centers for Excellence in Develop9 mental Disabilities Education, Research, and 

10 Service, established under subtitle D of title I 

11 of the Developmental Disabilities Assistance 

12 and Bill of Rights Act of 2000 (42 U.S.C. 

13 15061 et seq.); 

14 (I) a representative of the State protection 

15 and advocacy system, as defined in section 102 

16 of the Developmental Disabilities Assistance 

17 and Bill of Rights Act of 2000 (42 U.S.C. 

18 15002); and 

19 (J) a nonprofit agency or organization spe20 cializing in competitive integrated employment. 


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1 TITLE II—PHASE OUT OF SPE2 CIAL CERTIFICATES UNDER 

3 SECTION 14(c) OF THE FAIR 

4 LABOR STANDARDS ACT OF 

5 1938 

6 SEC. 201. TRANSITION TO FAIR WAGES FOR PEOPLE WITH 

7 DISABILITIES. 

8 (a) IN GENERAL.—Subparagraph (A) of section 

9 14(c)(1) of the Fair Labor Standards Act of 1938 (29 

10 U.S.C. 214(c)(1)) is amended to read as follows: 

11 ‘‘(A) at a rate that equals, or exceeds, the 

12 greater of— 

13 ‘‘(i)(I) 60 percent of the wage rate in 

14 effect under section 6(a)(1), beginning 1 

15 year after the date of enactment of the 

16 Transformation to Competitive Integrated 

17 Employment Act; 

18 ‘‘(II) 70 percent of the wage rate in 

19 effect under section 6(a)(1), beginning 2 

20 years after such date of enactment; 

21 ‘‘(III) 80 percent of the wage rate in 

22 effect under section 6(a)(1), beginning 3 

23 years after such date of enactment; 


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1 ‘‘(IV) 90 percent of the wage rate in 

2 effect under section 6(a)(1), beginning 4 

3 years after such date of enactment; and 

4 ‘‘(V) the wage rate in effect under 

5 section 6(a)(1), beginning 5 years after 

6 such date of enactment; or 

7 ‘‘(ii) the wage rate in effect on the 

8 day before the date of enactment of the 

9 Transformation to Competitive Integrated 

10 Employment Act for the employment, 

11 under a special certificate issued under 

12 this paragraph, of the individual for whom 

13 the wage rate is determined under this 

14 paragraph;’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect on the date that is 1 year 

17 after the date of enactment of this Act. 

18 SEC. 202. PROHIBITION ON NEW SPECIAL CERTIFICATES; 

19 SUNSET. 

20 Section 14(c) of the Fair Labor Standards Act of 

21 1938 (29 U.S.C. 214(c)) (as amended by section 201), 

22 is further amended by adding at the end the following: 

23 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI24 CATES.—Notwithstanding paragraph (1), the Sec25 retary shall not issue a special certificate under this 


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1 subsection to an employer that was not issued a spe2 cial certificate under this subsection before the date 

3 of enactment of the Transformation to Competitive 

4 Integrated Employment Act. 

5 ‘‘(7) SUNSET.—Beginning on the day after the 

6 date that is 5 years after the date of enactment of 

7 the Transformation to Competitive Integrated Em8 ployment Act— 

9 ‘‘(A) the authority to issue special certifi10 cates under paragraph (1) shall expire; and 

11 ‘‘(B) no special certificates issued under 

12 paragraph (1) shall have any legal effect.’’. 

13 TITLE III—TECHNICAL ASSIST14 ANCE AND DISSEMINATION 

15 SEC. 301. TECHNICAL ASSISTANCE AND DISSEMINATION. 

16 (a) GRANT AUTHORIZED.—From the amounts appro17 priated for this title, the Secretary (acting through the 

18 Office of Disability Employment Policy in partnership 

19 with the Employment and Training Administration), in 

20 partnership with the Administration for Community Liv21 ing of the Department of Health and Human Services and 

22 the Office of Special Education and Rehabilitative Serv23 ices of the Department of Education, shall award a grant 

24 to a nonprofit entity to— 


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1 (1)(A) provide technical assistance to employers 

2 who are transforming from employing people with 

3 disabilities using special certificates to providing 

4 competitive integrated employment; 

5 (B) identify and disseminate private and public 

6 sector models of the transition described in subpara7 graph (A); and 

8 (C) build a set of replicable strategies for em9 ployers using special certificates to increase their use 

10 of evidence-based practices in providing competitive 

11 integrated employment and increase their options for 

12 providing competitive integrated employment; 

13 (2) collect and disseminate— 

14 (A) evidence-based practices with respect 

15 to the transformations described in paragraph 

16 (1)(A), including practices that increase aware17 ness of and access to training materials from 

18 and opportunities offered through the Office of 

19 Disability Employment Policy; and 

20 (B) evidence-based strategies for imple21 menting the aims of activities, intended to im22 prove the quality of integrated services to result 

23 in competitive integrated employment for people 

24 with disabilities, carried out— 


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1 (i) under the Workforce Innovation 

2 and Opportunity Act (29 U.S.C. 3101 et 

3 seq.); 

4 (ii) through settlement agreements 

5 made pursuant to the employment require6 ments under the Olmstead decision; or 

7 (iii) through home and community8 based services described in the Home and 

9 Community-Based Services (HCBS) final 

10 rule published on January 16, 2014 (79 

11 Fed. Reg. 2948), or a successor rule; 

12 (3) leverage and increase awareness of and ac13 cess to training materials and opportunities made 

14 available through training and technical assistance 

15 investments of— 

16 (A) the Office of Disability Employment 

17 Policy; 

18 (B) the Employment and Training Admin19 istration; 

20 (C) the Administration for Community 

21 Living of the Department of Health and 

22 Human Services; and 

23 (D) the Office of Special Education and 

24 Rehabilitative Services of the Department of 

25 Education; and 


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1 (4)(A) raise awareness of efforts in States to 

2 carry out the Employment First initiative; and 

3 (B) coordinate dissemination efforts related to 

4 ABLE accounts and other financial asset develop5 ment resources through the ABLE National Re6 source Center and the Department of the Treasury. 

7 (b) APPLICATION.— 

8 (1) IN GENERAL.—To be eligible to receive a 

9 grant under this section, a nonprofit entity shall 

10 submit an application to the Secretary at such time, 

11 in such manner, and including such information that 

12 the Secretary may reasonably require. 

13 (2) CONTENTS.—Each application submitted 

14 under paragraph (1) shall include— 

15 (A) a description of the nonprofit entity’s 

16 expertise in providing technical assistance that 

17 shall include evidence of— 

18 (i) knowledge of transforming busi19 ness and program models providing em20 ployment using special certificates to mod21 els providing competitive integrated em22 ployment and integrated services; 

23 (ii) knowledge of methods for sup24 porting employers, including employers not 

25 receiving a grant or assistance through a 


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1 grant under title I, to transform as de2 scribed in clause (i); 

3 (iii) experience working with non4 profit, for-profit, Federal, State, and local 

5 agencies focusing on employment of youth 

6 and adults who are people with disabilities; 

7 and 

8 (iv) experience working with people 

9 with disabilities and their families; 

10 (B) a description of the nonprofit entity’s 

11 expertise in providing, collecting, compiling, 

12 communicating, and disseminating information 

13 about program and systems change for pro14 grams serving people with disabilities that shall 

15 include— 

16 (i) expertise documenting program 

17 change; 

18 (ii) experience compiling recommended 

19 practices related to program trans20 formations; 

21 (iii) expertise regarding competitive 

22 integrated employment for youth and 

23 adults who are people with disabilities; 


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1 (iv) expertise working with people 

2 with disabilities and their families through 

3 systems change procedures; 

4 (v) expertise creating accessible prod5 ucts to disseminate learned information, 

6 including through web-based means; 

7 (vi) experience creating accessible 

8 websites to disseminate information; 

9 (vii) experience working with non10 profit, for-profit, Federal, State, and local 

11 agencies focusing on employment of youth 

12 and adults who are people with disabilities; 

13 (viii) experience with assisting youth 

14 who are people with disabilities in 

15 transitioning from receiving services under 

16 the Individuals with Disabilities Education 

17 Act (20 U.S.C. 1401 et seq.) and from 

18 kindergarten through grade 12 to inclusive 

19 postsecondary education and competitive 

20 integrated employment; and 

21 (ix) experience leveraging resources, 

22 available through the Office of Disability 

23 Employment Policy and the Employment 

24 and Training Administration, that are de25 signed to provide effective and efficient 


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1 services to job seekers who are people with 

2 disabilities in competitive integrated em3 ployment settings; and 

4 (C) a description of the individuals at the 

5 nonprofit entity who will be responsible for car6 rying out the activities under this title. 

7 (3) DURATION OF AWARD.—A grant under this 

8 section shall be awarded for a period of 6 years, and 

9 shall be non-renewable. 

10 (4) NONPROFIT ENTITY DEFINED.—In this sec11 tion, the term ‘‘nonprofit entity’’ means a nonprofit 

12 entity with expertise in collecting, compiling, com13 municating, and disseminating information about 

14 program and systems change for programs serving 

15 people with disabilities. 

16 TITLE IV—REPORTING AND 

17 EVALUATION 

18 SEC. 401. IMPACT EVALUATION AND REPORTING. 

19 (a) IN GENERAL.—Not later than 6 months after the 

20 date of enactment of this Act, the Secretary shall enter 

21 into a contract with a nonprofit entity with experience in 

22 conducting evaluations of program and systems change ef23 forts to— 

24 (1) conduct a multi-year evaluation on the im25 pact of this Act, including the amendments made by 


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•S 3238 IS

1 this Act, with respect to people with disabilities (in2 cluding such people receiving a wage rate under sec3 tion 14(c) of the Fair Labor Standards Act of 1938 

4 (29 U.S.C. 214(c)), as amended by title II); and 

5 (2) prepare the reports described in subsection 

6 (c). 

7 (b) EVALUATION.—In carrying out subsection (a)(1), 

8 the nonprofit entity awarded a contract under this section 

9 shall evaluate— 

10 (1) changes in wages and employment for peo11 ple described in subsection (a)(1); and 

12 (2) actions taken by employers and States to 

13 comply with the amendments made by title II and, 

14 in the case of an employer or State receiving funds 

15 under title I, to comply with the transformation re16 quirements under such title. 

17 (c) REPORTS.—The Secretary shall submit to the 

18 Committee on Health, Education, Labor, and Pensions of 

19 the Senate and the Committee on Education and Labor 

20 of the House of Representatives, the following reports on 

21 the evaluation conducted under subsection (a)(1): 

22 (1) An interim report on the evaluation, not 

23 later than 3 years after the evaluation commences 

24 under subsection (a)(1). 


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1 (2) A final report on such evaluation, not later 

2 than 18 months after the date on which the legal ef3 fect of special certificates expire pursuant to para4 graph (7) of section 14(c) of the Fair Labor Stand5 ards Act of 1938 (29 U.S.C. 214(c)), as added by 

6 title II. 

7 SEC. 402. WAGE AND HOUR REPORTS. 

8 (a) IN GENERAL.—For each year of the 5-year period 

9 described in section 14(c)(1)(A) of the Fair Labor Stand10 ards Act of 1938 (29 U.S.C. 214(c)(1)(A)), as amended 

11 by title II, the Secretary (acting through the Adminis12 trator of the Wage and Hour Division), in coordination 

13 with the Civil Rights Division of the Department of Jus14 tice, shall submit to the Committee on Health, Education, 

15 Labor, and Pensions of the Senate and the Committee on 

16 Education and Labor of the House of Representatives, an 

17 annual report summarizing practices of employers pro18 viding employment using special certificates, which, with 

19 respect to the preceding year, shall include— 

20 (1) the number of employees (of such employ21 ers) who are people with disabilities and who are 

22 compensated at a rate that is less than— 

23 (A) the higher of the rate specified in sec24 tion 6(a)(1) of the Fair Labor Standards Act of 

25 1938 (29 U.S.C. 206(a)(1)) or the rate speciVerDate Sep 11 2014 00:32 Nov 20, 2021 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3238.IS S3238

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1 fied in the applicable State or local minimum 

2 wage law; or 

3 (B) the customary rate paid by the em4 ployer for the same or similar work performed 

5 by other employees who are not people with dis6 abilities, and who are similarly situated in simi7 lar occupations by the same employer and who 

8 have similar training, experience, and skills; 

9 (2) the type of employment setting (such as 

10 segregated employment or competitive integrated 

11 employment) and the integrated services provided by 

12 such employers; 

13 (3) the average hourly wage, minimum and 

14 maximum hourly wage, and average hours worked 

15 per week of employees described in paragraph (1), 

16 disaggregated by employer and by State; 

17 (4) the aggregate demographic characteristics 

18 of employees described in paragraph (1), including 

19 the gender, ethnicity, race, and type of disability of 

20 such employees; and 

21 (5) the number of employees who have 

22 transitioned from employment provided under a spe23 cial certificate to competitive integrated employment, 

24 disaggregated by employer and by State. 


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1 (b) REPORT ON AUDIT OF EXISTING SPECIAL CER2 TIFICATE HOLDERS.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary (acting through 

4 the Administrator of the Wage and Hour Division) shall— 

5 (1) conduct an audit of not less than 10 percent 

6 of employers providing employment to employees 

7 using special certificates, as of the date of enactment 

8 of this Act, which shall include an audit of— 

9 (A) the training and support provided to 

10 such employees to promote their transition to 

11 competitive integrated employment; 

12 (B) the actions taken by employers to 

13 identify competitive integrated employment for 

14 such employees; and 

15 (C) the wages of such employees, including 

16 whether such wages are at a rate that is less 

17 than— 

18 (i) the higher of the rate specified in 

19 section 6(a)(1) of the Fair Labor Stand20 ards Act of 1938 (29 U.S.C. 206(a)(1)) or 

21 the rate specified in the applicable State or 

22 local minimum wage law; or 

23 (ii) the customary rate paid by the 

24 employer for the same or similar work per25 formed by other employees who are not 


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•S 3238 IS

1 people with disabilities, and who are simi2 larly situated in similar occupations by the 

3 same employer and who have similar train4 ing, experience, and skills; and 

5 (2) submit a report on such audit to the Com6 mittee on Health, Education, Labor, and Pensions 

7 of the Senate, the Special Committee on Aging of 

8 the Senate, and the Committee on Education and 

9 Labor of the House of Representatives. 

10 TITLE V—GENERAL PROVISIONS 

11 SEC. 501. DEFINITIONS. 

12 In this Act: 

13 (1) ABLE ACCOUNT.—The term ‘‘ABLE ac14 count’’ has the meaning given such term in section 

15 529A(e)(6) of the Internal Revenue Code of 1986. 

16 (2) COMPETITIVE INTEGRATED EMPLOY17 MENT.—The term ‘‘competitive integrated employ18 ment’’ has the meaning given the term in section 

19 7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 

20 705(5)). 

21 (3) DISABILITY.—The term ‘‘disability’’ in22 cludes any intellectual, developmental, mental health, 

23 or other disability. 


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1 (4) INTEGRATED COMMUNITY PARTICIPATION

2 AND WRAPAROUND SERVICES; INTEGRATED SERV3 ICES.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the terms ‘‘integrated com6 munity participation and wraparound services’’ 

7 or ‘‘integrated services’’ mean services for peo8 ple with disabilities that are— 

9 (i) designed to assist such people in 

10 developing skills and abilities to reside suc11 cessfully in home and community-based 

12 settings; 

13 (ii) provided in accordance with a per14 son-centered written plan of care; 

15 (iii) created using evidence-based 

16 practices that lead to such people— 

17 (I) maintaining competitive inte18 grated employment; 

19 (II) achieving independent living; 

20 or 

21 (III) maximizing socioeconomic 

22 self-sufficiency, optimal independence, 

23 and full participation in the commu24 nity; 


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1 (iv) provided in a community location 

2 that is not specifically intended for people 

3 with disabilities; 

4 (v) provided in a location that— 

5 (I) allows the people receiving the 

6 services to interact with people with7 out disabilities to the fullest extent 

8 possible; and 

9 (II) makes it possible for the peo10 ple receiving the services to access 

11 community resources that are not spe12 cifically intended for people with dis13 abilities and to have the same oppor14 tunity to participate in the community 

15 as people who do not have a disability; 

16 (vi) provided in multiple locations to 

17 allow the individual receiving the services 

18 to have options, thereby— 

19 (I) optimizing individual initia20 tive, autonomy, and independence; 

21 and 

22 (II) facilitating choice regarding 

23 services and supports, and choice re24 garding the provider of such services; 

25 and 


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1 (vii) in compliance with the Home and 

2 Community-Based Services (HCBS) final 

3 rule published on January 16, 2014 (79 

4 Fed. Reg. 2948), or a successor rule. 

5 (B) EXCLUSIONS.—The terms ‘‘integrated 

6 community participation and wraparound serv7 ices’’ or ‘‘integrated services’’ shall not include 

8 a service provided in any of the following set9 tings: 

10 (i) A nursing facility. 

11 (ii) An institution for people with 

12 mental diseases. 

13 (iii) An intermediate care facility for 

14 people with intellectual disabilities. 

15 (iv) A congregate setting in which an 

16 individual does not have the ability, at the 

17 time preferred by the individual and in ac18 cordance with other preferences of the in19 dividual, to access services supporting the 

20 full inclusion and engagement of the indi21 vidual in the greater community. 

22 (5) LOCAL BOARD; LOCAL PLAN.—The terms 

23 ‘‘local board’’ and ‘‘local plan’’ have the meanings 

24 given such terms in section 3 of the Workforce Inno25 vation and Opportunity Act (29 U.S.C. 3102). 


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1 (6) OLMSTEAD DECISION.—The term 

2 ‘‘Olmstead decision’’ means the decision of the Su3 preme Court of the United States in Olmstead v. 

4 L.C., 527 U.S. 581 (1999). 

5 (7) OLMSTEAD PLAN.—The term ‘‘Olmstead 

6 plan’’, with respect to a State, means the plan of the 

7 State for complying with the holding in the 

8 Olmstead decision. 

9 (8) PEOPLE WITH DISABILITIES.—The term 

10 ‘‘people with disabilities’’ includes individuals de11 scribed in section 14(c)(1) of the Fair Labor Stand12 ards Act of 1938 (29 U.S.C. 214(c)(1)). 

13 (9) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Labor. 

15 (10) SPECIAL CERTIFICATE.—The term ‘‘spe16 cial certificate’’ means a special certificate issued 

17 under section 14(c) of the Fair Labor Standards Act 

18 of 1938 (29 U.S.C. 214(c)). 

19 (11) STATE.—The term ‘‘State’’ means each of 

20 the 50 States, the District of Columbia, the Com21 monwealth of Puerto Rico, and the territory of 

22 Guam. 

23 (12) STATE BOARD.—The term ‘‘State board’’ 

24 has the meaning given such term in section 3 of the 

25 Workforce Innovation and Opportunity Act. 


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1 (13) WORKFORCE DEVELOPMENT SYSTEM.— 

2 The term ‘‘workforce development system’’ has the 

3 meaning given such term in section 3 of the Work4 force Innovation and Opportunity Act. 

5 SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated to carry out this Act, $200,000,000 for each of 

8 fiscal years 2022 through 2026. 

9 (b) TECHNICAL ASSISTANCE.—From amounts made 

10 available under subsection (a) for each fiscal year, 1 per11 cent shall be allocated for the activities under title III. 

Æ 


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