Restoration of Employment Choice for Adults with Disabilities Act
- Bill Number
- H.R. 8736
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-05-21: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
- Last Updated
- 2026-06-08T19:25:33Z
AI-Generated Summary
Purpose
The "Restoration of Employment Choice for Adults with Disabilities Act" (H.R. 8736) amends the Rehabilitation Act of 1973 to expand workplace options for adults with disabilities by allowing employers to pay subminimum wages (wages below the federal minimum wage) under specific conditions, emphasizing individual choice for those aged 18 and older.
Key Provisions
- Eligibility for subminimum wages: Permits entities (such as sheltered workshops) to employ individuals aged 18 or older at subminimum wages if the individual chooses to accept the job, following required counseling, information, and referral services from a state vocational rehabilitation agency.
- Counseling requirements: Employers must document efforts to connect individuals to state agencies for career counseling at set intervals; adds an exception if the state agency fails to provide these services despite outreach.
- Documentation access: Requires state agencies to share documentation of counseling efforts with the employer if the individual is already employed there.
- Effective date: Applies to new or ongoing employment on or after the date of enactment.
Significant Changes to Existing Law
- Expands protections from individuals "24 or younger" to "18 or older," shifting from a prohibition ("No entity shall employ... unless") to a permission framework ("Any entity may employ... if").
- Lowers a related age threshold from 24 to 17 in requirements for competitive employment information.
- Adds a new exception for state agency non-response and enhances employer access to individual documentation, reducing barriers for subminimum wage employment.
Potential Impacts
- On citizens: Increases employment opportunities for adults with disabilities in sheltered or supported settings by allowing subminimum wages with informed choice, potentially boosting job access but raising concerns about wage fairness.
- On government agencies: Places more responsibility on state vocational rehabilitation units to provide timely counseling; may increase administrative workload for documentation and referrals.
- On employers: Eases restrictions for nonprofits and workshops serving disabled workers, enabling more flexible hiring while requiring proof of counseling efforts.
- No direct impact on international relations.
Main Stakeholders
- Individuals with disabilities (especially young adults 18+): Gain expanded choice in employment options.
- Employers in sheltered workshops: Benefit from fewer restrictions on hiring and wages.
- State vocational rehabilitation agencies: Must deliver counseling services more reliably or face exceptions.
- Federal agencies (e.g., Department of Education): Oversee implementation under the Rehabilitation Act.
- Advocacy groups for disability rights and fair wages: Likely to engage on both supportive and opposing sides.
Notable Legal, Constitutional, or Political Implications
- Legal: Modifies Section 511 of the Rehabilitation Act (29 U.S.C. 794g), which phases out subminimum wages for youth; reinforces Section 14(c) of the Fair Labor Standards Act (authorizing subminimum wages for disabled workers) by carving out exceptions based on choice and state efforts.
- Constitutional: No direct challenges noted; aligns with equal protection by emphasizing informed consent, but could face scrutiny over exploitation risks.
- Political: Introduced by bipartisan sponsors; reflects debate on balancing employment access with minimum wage protections for vulnerable populations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Wagner, Ann [R-MO-2], Rep. Owens, Burgess [R-UT-4], Rep. Fitzgerald, Scott [R-WI-5], Rep. Steil, Bryan [R-WI-1], Rep. Bergman, Jack [R-MI-1]
Recent Actions
- 2026-05-21: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
- 2026-05-21: Committee Consideration and Mark-up Session Held
- 2026-05-12: Referred to the House Committee on Education and Workforce.
- 2026-05-12: Introduced in House
- 2026-05-12: Introduced in House
Bill Versions
- Restoration of Employment Choice for Adults with Disabilities Act — issued 2026-05-12 — PDF (3 pages)