I 
116TH CONGRESS 
1ST SESSION H. R. 3070 
To amend the Rehabilitation Act of 1973 to establish a demonstration pro-
gram 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, com-
petitive integrated employment. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Customized Ap-
proaches to Providing And Building Independent Lives of 
Inclusion for Transition-aged Youth Act of 2019’’ or the 
‘‘CAPABILITY Act of 2019’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Good transition services are critical to the 
success of youth with disabilities transitioning from 
school to employment. 
(2) Federal law, including the Individuals with 
Disabilities Education Act and the Workforce Inno-
vation and Opportunity Act, require that schools and 
adult disability systems (including the State voca-
tional rehabilitation agency (or agencies), the State 
developmental disabilities agency, the State mental 
health agency, and the State Medicaid agency) col-
laborate to ensure the successful transition of stu-
dents from school to competitive integrated employ-
ment. 
(3) The Workforce Innovation and Opportunity 
Act requires States to provide preemployment transi-
tion services to students with disabilities, with the 
goal of assisting with the transition to competitive 
integrated employment. 
(4) Despite the goals of Federal laws, schools 
and State systems continue to have challenges 
transitioning students with intellectual, develop-
mental, mental health, and other significant disabil-
ities and such students continue to achieve the goal 
of competitive integrated employment at far lower 
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rates than their non-disabled peers and even peers 
with other disabilities. Only 24 percent of transition- 
aged youth with disabilities are employed and only 
21 percent of youth with intellectual or develop-
mental disabilities are employed (according to Cor-
nell University). This leads to fewer adults with dis-
abilities working. The most current data indicate 
that while 74 percent of working age adults with no 
disability are working, only 35 percent of adults with 
disabilities, and only 25 percent of adults with cog-
nitive disabilities, are working (according to the 
American Community Survey). 
(5) Schools and State systems should have 
knowledge and expertise in the range of evidence- 
based strategies that are particularly effective for 
employment of students with disabilities, including 
customized employment, the Individual Plan and 
Support model, and supported employment. 
SEC. 3. DEMONSTRATION GRANT PROGRAM FOR INDIVID-
UALS WITH CERTAIN DISABILITIES. 
Section 303 of the Rehabilitation Act of 1973 (29 
U.S.C. 773) is amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; 
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(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DEMONSTRATION GRANT PROGRAM FOR INDI-
VIDUALS WITH CERTAIN DISABILITIES.— 
‘‘(1) GRANTS AUTHORIZED.—For each of fiscal 
years 2020 through 2023, the Secretary shall carry 
out a program under which the Secretary makes 
grants to States, on a competitive basis, to assist 
such States in carrying out activities designed to 
help transition-aged youth with covered disabilities 
obtain customized, competitive integrated employ-
ment. 
‘‘(2) MAXIMUM
NUMBER
OF
GRANTS.—Not 
more than 3 States may receive grants for fiscal 
year 2020 and not more than 3 States may receive 
grants for fiscal year 2021. A State may not receive 
a grant in both fiscal year 2020 and 2021. 
‘‘(3) DURATION.—Each grant under this sec-
tion shall be made for a period of four years. 
‘‘(4) APPLICATION.—To be eligible to receive a 
grant under this subsection a State shall submit an 
application to the Secretary, at such time, in such 
manner, and containing such information as the Sec-
retary may require. Each application shall include, 
at minimum, the following: 
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‘‘(A) Identification of not fewer than three 
locations in the State at which services sup-
ported by the grant will be coordinated, admin-
istered, and made available to the community. 
‘‘(B) Evidence demonstrating the State’s 
commitment to carrying out the activities fund-
ed with a grant under this subsection, which 
shall include a description of the extent to 
which State officials and State agencies will be 
involved in carrying out the activities, includ-
ing— 
‘‘(i) the Governor; 
‘‘(ii) the State legislature; and 
‘‘(iii) other State agencies, including 
the State’s vocational rehabilitation agen-
cy, Medicaid agency, department of edu-
cation, department of workforce develop-
ment, mental health agency, developmental 
disability agency, and any other State 
agencies specifically concerned with pro-
viding services to individuals with covered 
disabilities. 
‘‘(C) A description of how the State, in 
carrying out the activities funded with the 
grant, will consult and collaborate with transi-
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tion-aged youth with covered disabilities and 
their families, local educational agencies serving 
such transition-aged youth, Developmental Dis-
ability Councils, University Centers for Excel-
lence in Developmental Disabilities Education, 
Research, and Service, and other organizations 
with expertise in advocating for or providing 
employment services to transition age youth. 
‘‘(D) A description of how the State will 
evaluate the effectiveness of the activities fund-
ed with the grant. 
‘‘(5) PRIORITY.—In awarding grants under this 
subsection, the Secretary shall prioritize the award 
of grants to States that will— 
‘‘(A) ensure that the employment obtained 
by individuals assisted with grant funds com-
plies with the requirements applicable to cus-
tomized integrated employment, including wage, 
benefit, and location requirements; 
‘‘(B) seek technical assistance from appro-
priate public and private sources on an ongoing 
basis throughout the grant period; 
‘‘(C) use evidence-based models and stand-
ardized practices of customized employment 
services consistent with the Essential Elements 
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of Customized Employment for Universal Appli-
cation as published by the Workforce Innova-
tion Technical Assistance Center in June 2017, 
including the development of an employment or 
a career plan for each transition-aged youth 
with a covered disability; 
‘‘(D) use a coordinated approach of best 
practices in customized employment and sup-
ported employment services to ensure flexible 
person-centered services for such youth, includ-
ing the availability of paid internships and op-
portunities for enhanced discovery activities; 
‘‘(E) establish partnerships with employers 
to advocate for, with respect to such youth, cus-
tomized, competitive, and integrated job oppor-
tunities, workplace inclusion, paid internships, 
and employment supports; 
‘‘(F) provide access to additional resources 
needed to facilitate successful employment out-
comes through coordination with the employers 
described in subparagraph (E); 
‘‘(G) identify ideal paid internship and job 
matches for employers and such youth; 
‘‘(H) provide peer and family mentoring 
focused on employment-related information and 
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resources, including benefits planning and asset 
development information; 
‘‘(I) provide training, performance-based 
certification, and technical assistance support 
for all staff who will be engaged in the provi-
sion of the customized employment and sup-
ported employment services; 
‘‘(J) provide training and information to 
vocational rehabilitation counselors, school tran-
sition personnel, and other persons supporting 
such youth; 
‘‘(K) collect information with respect to all 
employment services, internships, and job out-
comes pursuant to the grant; and 
‘‘(L) ensure transparency of information 
and informed choices for such youth and em-
ployers. 
‘‘(6) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—A State that receives 
a grant under this subsection shall use the 
grant to assist transition-aged youth with cov-
ered disabilities in obtaining customized, com-
petitive integrated employment by— 
‘‘(i) providing customized employment 
services to such youth; 
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‘‘(ii) 
carrying 
out 
preemployment 
transition services for such youth as de-
scribed in paragraphs (1) through (7) and 
(9) of section 113(c); 
‘‘(iii) implementing service models to 
address the unique needs of individual 
transition-aged youth, such as customized 
employment, individual plans and support 
models, and supported employment; and 
‘‘(iv) carrying out such other activities 
as may be necessary to ensure that such 
youth are able to obtain customized, com-
petitive integrated employment. 
‘‘(B) 
MILESTONES
FOR
IMPLEMENTA-
TION.—Each State that receives a grant under 
this subsection shall achieve the following mile-
stones during the grant period: 
‘‘(i) FIRST YEAR.—In the first year of 
the grant period, the State shall carry out 
such planning activities as are necessary to 
implement the program funded with the 
grant. 
‘‘(ii) SECOND
YEAR.—In the second 
year of the grant period, the State shall 
begin carrying out the program funded 
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with the grant and shall collect data on the 
performance of the program. 
‘‘(iii) THIRD YEAR.—In the third year 
of the grant period, the State shall begin 
to identify lessons learned and methods to 
ensure the sustainability of the program. 
‘‘(iv) FOURTH YEAR.—In the fourth 
year of the grant period, the State shall 
demonstrate to the Secretary that the pro-
gram funded with the grant has been fully 
implemented and is sustainable. 
‘‘(7) REPORT.— 
‘‘(A) IN GENERAL.—Not later than four 
years after the date on which the last grant is 
made under this subsection, the Secretary shall 
submit to Congress a report on the activities 
carried out with grants under this subsection. 
‘‘(B) ELEMENTS.—The report under sub-
paragraph (A) shall include, with respect to 
each State that received a grant under this sub-
section, the following: 
‘‘(i) a description of how the State 
used the grant funds; 
‘‘(ii) the number of individuals who 
obtained 
customized, 
competitive 
inte-
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grated employment as a result of partici-
pating in activities funded with the grant; 
‘‘(iii) with respect to the employment 
obtained by such individuals— 
‘‘(I) the average wage earned; 
‘‘(II) any changes in the average 
wage earned over time; 
‘‘(III) the average number of 
hours worked per week; 
‘‘(IV) the benefits, if any, typi-
cally provided by the employer; and 
‘‘(V) the average duration of the 
employment; and 
‘‘(iv) such other information as the 
Secretary considers appropriate. 
‘‘(8) STATE
INFORMATION
COLLECTION.—A 
State that receives a grant under this subsection 
shall— 
‘‘(A) collect and compile the information 
described in clauses (i) through (iii) of subpara-
graph (B); and 
‘‘(B) submit the information to the Sec-
retary at such time and in such manner as the 
Secretary may require. 
‘‘(9) DEFINITIONS.—In this subsection: 
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‘‘(A) COVERED
DISABILITY.—The term 
‘covered disability’ means an intellectual, devel-
opmental, mental health, physical, or other sig-
nificant disability that presents barriers to an 
individual transitioning to employment or post-
secondary education. 
‘‘(B) CUSTOMIZED, COMPETITIVE
INTE-
GRATED EMPLOYMENT.—The term ‘customized, 
competitive integrated employment’ means com-
petitive integrated employment that is cus-
tomized to the unique skills and abilities of a 
youth with a covered disability. 
‘‘(C) 
TRANSITION-AGED
YOUTH.—The 
term ‘transition-aged youth’ means a person 
considered to be a transition-aged youth under 
the laws of the State concerned. 
‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection such sums as may be necessary for 
each of fiscal years 2020 through 2023.’’; and 
(3) in subsection (f), as redesignated by para-
graph (1), by striking ‘‘this section’’ and inserting 
‘‘this section (other than subsection (c))’’. 
Æ 
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