Restoration of Employment Choice for Adults with Disabilities Act

Overview

• Bill: HR 8736 (Restoration of Employment Choice for Adults with Disabilities Act)
• Session: 119th Congress
• Purpose: Amend the Rehabilitation Act of 1973 to restore and protect workplace choice for adults with disabilities, with a focus on removing or broadening the use of subminimum wage employment opportunities for young adults and providing alternatives and supports to pursue integrated employment.

Core purpose and intent

• The bill aims to ensure that adults with disabilities have meaningful workplace choice and opportunity.
• It modifies current provisions related to subminimum wage employment (the use of and eligibility for subminimum-wage work under Section 511 of the Rehabilitation Act) to expand access to competitive, integrated employment and to require preference for, or at least facilitation of, employment that does not rely on subminimum wages.

Key provisions and changes

• Subminimum wage use (Section 511, 29 U.S.C. 794g) is amended:
  • Subsection (a) changes the blackout/eligibility language to broadly permit entry into subminimum wage employment, with added emphasis on an individual’s choice to accept such employment. Specifically:
  • Replaces a prior prohibition framework with language allowing “Any” individual 18 or older to be eligible rather than “No” or a stricter threshold.
  • Adds explicit allowance that the individual may choose to accept employment with such an entity.
  • Subsection (b)(2) lowers the age threshold for some provisions from 24 to 17.
  • Subsection (c) adds a new paragraph (4) on exceptions:
  • Entities may satisfy the eligibility requirements by documenting efforts to contact the State unit for counseling, information, and referrals on behalf of the individual at specified intervals.
  • If the designated State unit fails to provide counseling, information, and referrals after documented efforts, the entity can still satisfy requirements.
  • Subsection (d)(1) adds a provision requiring that if an individual is employed by an entity described in subsection (a) at the time documentation is made, copies of the documentation be provided to that entity.
• Section 3 (Application): The amendments apply to employment that begins on or after the date of enactment.

Who/what is affected

• Adults with disabilities who are seeking or entering employment under programs governed by the Rehabilitation Act (particularly Section 511 subminimum wage provisions).
• Employers and entities that operate under subminimum wage programs for individuals with disabilities.
• State agencies/units responsible for counseling, information, and referrals for disability employment (as referenced in the new exceptions).

Procedural and timeline aspects

• Introduced in the House on May 12, 2026, by Rep. Rothman (with Reps. Wagner, Owens, and Grothman as co-sponsors).
• Referred to the House Committee on Education and the Workforce.
• The amendments become effective for employment that occurs on or after the date of enactment.

Potential impact (high-level)

• The bill appears to shift toward expanding options beyond subminimum wage employment by:
  • Providing broader eligibility language for adults 18 and older to engage in subminimum wage roles.
  • Introducing a mechanism requiring documented efforts to connect individuals with counseling and referrals, potentially increasing access to competitive, integrated employment.
  • Requiring transparency and documentation sharing with employing entities.
• Overall, the act seeks to improve workplace choice and opportunities for adults with disabilities, with a nuanced approach to subminimum wage arrangements and state-level counseling support.