H.R. 8736
Restoration of Employment Choice for Adults with Disabilities Act
Sponsor: Glenn Grothman · 5 cosponsors
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Official summary
Written by the Congressional Research Service.
Restoration of Employment Choice for Adults with Disabilities Act
This bill relaxes requirements that allow entities with a special wage certificate to pay subminimum wages to individuals with disabilities.
Specifically, the bill eliminates a requirement that an individual with a disability who is age 24 or younger receive pre-employment transition services and meet specified vocational rehabilitation criteria before beginning subminimum wage work.
The bill also relaxes career counseling and service referral requirements that apply to an individual with a disability who is paid at a subminimum wage. Current law requires an entity to ensure that an individual employed at subminimum wage receives periodic career counseling, information, and referrals to other services from the designated state agency. Under the bill, this requirement is met if the employer makes a documented effort to contact the state agency for those resources on behalf of the employee, and the state agency subsequently fails to provide the counseling, information, and referrals.
Text of the bill
Section 511 of the Rehabilitation Act of 1973 (29 U.S.C. 794g) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by striking No and inserting Any;
(ii) by striking 24 or younger and inserting 18 or older; and
(iii) by striking unless and inserting if; and
(B) by inserting at the end the following new paragraph:
(3) The individual chooses to accept employment with such entity.
(2) in subsection (b)(2), by striking 24 and inserting 17;
(3) in subsection (c), by inserting at the end the following new paragraph:
(4) Other exceptions. The entity described in subsection (a) can satisfy the requirements of paragraph (1)(A) with respect to an individual, if—
(A) such entity makes documented efforts, at the intervals described in paragraph (2), to contact on behalf of the individual, the designated State unit for the counseling, information, and referrals described in paragraph (1)(A); and
(B) such designated State unit fails to provide such counseling, information, and referrals after such documented efforts.
; and
(4) in subsection (d)(1), by inserting before the period at the end the following: and, if such individual is employed by an entity described in subsection (a) at the time such documentation is made pursuant to such process, to make available copies of such documentation to the entity.