What This Bill Does
This bill amends the Rehabilitation Act of 1973 to change rules about subminimum wage (a wage lower than the standard minimum wage) employment for young adults with disabilities. The bill makes changes to who can work at subminimum wage and what requirements employers must meet.
Who It Affects
Young adults with disabilities who are 18 or older and seek employment. Entities (businesses or organizations) that employ workers at subminimum wage. State units responsible for counseling, information and referrals about employment.
Key Provisions
• Employers may allow individuals to work at subminimum wage if the individual chooses to accept that employment (Sec. 2).
• The age requirement for subminimum wage employment changes from 24 or younger to 18 or older (Sec. 2).
• Employers must make documented efforts at set intervals to contact the designated State unit for counseling, information and referrals on behalf of the individual, and can meet requirements if the State unit fails to provide these services (Sec. 2).
• Employers must receive copies of documentation made through the employment process if the individual is employed by that employer at the time the documentation is made (Sec. 2).
What Changes
The bill lowers the age threshold for subminimum wage employment from 24 to 18 years old. It adds individual choice as a requirement for subminimum wage employment. It establishes that employers must make documented efforts to get State support services for workers and receive copies of relevant employment documentation.
Important Definitions
None defined in bill text.
Effective Date
The amendments apply to employment on or after March 13, 2020 (Sec. 3).
I
118TH CONGRESS
1ST SESSION H. R. 1296
To amend the Rehabilitation Act of 1973 to ensure workplace choice and
opportunity for young adults with disabilities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. GROTHMAN (for himself and Mrs. MILLER of Illinois) introduced the fol-
lowing bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Rehabilitation Act of 1973 to ensure work-
place choice and opportunity for young adults with dis-
abilities.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Restoration of Employ-
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ment Choice for Adults with Disabilities Act’’.
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SEC. 2. USE OF SUBMINIMUM WAGE.
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Section 511 of the Rehabilitation Act of 1973 (29
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U.S.C. 794g) is amended—
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(1) in subsection (a)—
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(A) in the matter preceding paragraph
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(1)—
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(i) by striking ‘‘No’’ and inserting
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‘‘Any’’;
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(ii) by striking ‘‘24 or younger’’ and
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inserting ‘‘18 or older’’; and
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(iii) by striking ‘‘unless’’ and inserting
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‘‘if’’; and
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(B) by inserting at the end the following
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new paragraph:
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‘‘(3) The individual chooses to accept employ-
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ment with such entity.’’;
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(2) in subsection (b)(2), by striking ‘‘24’’ and
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inserting ‘‘17’’;
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(3) in subsection (c), by inserting at the end
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the following new paragraph:
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‘‘(4) OTHER
EXCEPTIONS.—The entity de-
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scribed in subsection (a) can satisfy the require-
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ments of paragraph (1)(A) with respect to an indi-
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vidual, if—
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‘‘(A) such entity makes documented ef-
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forts, at the intervals described in paragraph
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(2), to contact on behalf of the individual, the
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designated State unit for the counseling, infor-
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mation, and referrals described in paragraph
1
(1)(A); and
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‘‘(B) such designated State unit fails to
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provide the relevant counseling, information,
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and referrals.’’; and
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(4) in subsection (d)(1), by inserting before the
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period at the end the following: ‘‘and, if such indi-
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vidual is employed by an entity described in sub-
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section (a) at the time such documentation is made
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pursuant to such process, to make available copies
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of such documentation to the entity’’.
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SEC. 3. APPLICATION.
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The amendments made by this Act shall apply with
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respect to the employment of an individual on or after
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March 13, 2020.
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Æ
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