The Changes H.R. 5658 Would Make to the Rehabilitation Act

Text that is being stricken will be marked in bold red text, while text that is being added will be marked in bold green text, so it’s all a bit easier for you to find. You can find the original text of the Rehabilitation Act of 1973 here, and you can find the exact wording of H.R. 5658 here.

How It Reads Today

(5) COMPETITIVE INTEGRATED EMPLOYMENT.—The term
‘‘competitive integrated employment’’ means work that is performed
on a full-time or part-time basis (including self-employment)—

(A) for which an individual—
(i) is compensated at a rate that—
(I)(aa) shall be not less than the higher of the
rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
rate specified in the applicable State or local minimum
wage law; and
(bb) is not less than the customary rate paid
by the employer for the same or similar work performed
by other employees who are not individuals
with disabilities, and who are similarly situated
in similar occupations by the same employer
and who have similar training, experience, and
skills; or
(II) in the case of an individual who is selfemployed,
yields an income that is comparable to
the income received by other individuals who are
not individuals with disabilities, and who are self-employed
in similar occupations or on similar
tasks and who have similar training, experience,
and skills; and
(ii) is eligible for the level of benefits provided to
other employees;
(B) that is at a location where the employee interacts
with other persons who are not individuals with disabilities
(not including supervisory personnel or individuals
who are providing services to such employee) to the same
extent that individuals who are not individuals with disabilities
and who are in comparable positions interact with
other persons; and
(C) that, as appropriate, presents opportunities for advancement
that are similar to those for other employees
who are not individuals with disabilities and who have
similar positions.

How It Would Read If H.R. 5658 Passes

(5) COMPETITIVE INTEGRATED EMPLOYMENT.—The term
‘‘competitive integrated employment’’ means work that is performed
on a full-time or part-time basis (including self-employment)—

(A) for which an individual—
(i) is compensated at a rate that—
(I)(aa) shall be not less than the higher of the
rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
rate specified in the applicable State or local minimum
wage law; and
(bb) is not less than the customary rate paid
by the employer for the same or similar work performed
by other employees who are not individuals
with disabilities, and who are similarly situated
in similar occupations by the same employer
and who have similar training, experience, and
skills; or
(II) in the case of an individual who is self-employed,
yields an income that is comparable to
the income received by other individuals who are
not individuals with disabilities, and who are self-employed
in similar occupations or on similar
tasks and who have similar training, experience,
and skills; and
(ii) is eligible for the level of benefits provided to
other employees;
(B) that is at a location where the employee interacts
with other persons who are not individuals with disabilities
(including social and interpersonal interactions with colleagues, vendors, customers, superiors, or other such persons who the employee may come into contact with during the work day and across workplace settings, other than supervisory personnel or individuals
who are providing services to such employee) to the same
extent that individuals who are not individuals with disabilities
and who are in comparable positions interact with
other persons, except that such inter actions shall not be considered solely at the
work unit level;

(C) that, as appropriate, presents opportunities for advancement
that are similar to those for other employees
who are not individuals with disabilities and who have
similar positions; and
(D) for which an individual may have been hired through—
(i) contracts and subcontracts awarded pursuant to chapter 85 of title 41, United States Code
(ii) State set-aside contracts intended to support employment for individuals with disabilities; or
(iii) other contracts subject to mandated direct labor-hour ratio of persons with disabilities.