Restoration of Employment Choice for Adults with Disabilities Act
- Sponsor
- Sen. Cotton, Tom [R-AR]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Jul 15, 2026
Bottom line
The bill expands the eligibility for subminimum wage employment to adults with disabilities aged 18 and older, emphasizing individual choice, and provides employers with a pathway to hire if state counseling services are unresponsive.
What it actually does
This bill amends Section 511 of the Rehabilitation Act of 1973, which currently restricts the employment of individuals aged 24 or younger at subminimum wage. The amendments expand the age range for which subminimum wage employment is permissible to individuals aged 18 or older, provided the individual chooses such employment. It also introduces an exception allowing employers to proceed with subminimum wage employment if state vocational rehabilitation units fail to provide required counseling and referrals after documented efforts.
Proponents argue
Proponents argue that this bill restores critical employment choices for adults with disabilities, allowing them to pursue work opportunities that best suit their needs and preferences, even if those opportunities involve subminimum wage. They contend it reduces bureaucratic hurdles that can prevent individuals from entering the workforce and empowers individuals by centering their personal employment decisions.
Opponents contend
Opponents contend that expanding access to subminimum wage employment for adults with disabilities undermines efforts to promote competitive integrated employment and could lead to exploitation. They argue that subminimum wage jobs often offer limited opportunities for advancement and that the bill weakens protections designed to guide individuals towards higher-paying, integrated work environments.
The bill text is very short and can be read quickly, making it accessible for a rapid review.
Section 2(1), amending 29 U.S.C. 794g(a)
Expansion of Subminimum Wage Eligibility to Adults 18 and Older with Choice Requirement
This provision modifies the existing restriction on subminimum wage employment. Previously, individuals 24 or younger could not be employed at subminimum wage unless specific conditions were met. This amendment changes the age threshold to '18 or older' and alters the phrasing to allow such employment 'if' conditions are met, including a new requirement that 'The individual chooses to accept employment with such entity.' This fundamentally shifts the scope and conditions for subminimum wage employment.
Supporters argue
Supporters argue that this change empowers adults with disabilities by giving them more options for employment, particularly for those who may prefer or find subminimum wage jobs more accessible. They emphasize the importance of individual choice in employment decisions.
Critics contend
Critics argue that expanding subminimum wage eligibility to a broader age range, even with a choice provision, risks perpetuating a system that can lead to exploitation and limits opportunities for competitive integrated employment for individuals with disabilities.
Tradeoffs
This provision navigates the tension between individual autonomy and choice in employment versus the protection of vulnerable populations from potentially exploitative labor practices and the promotion of higher-wage, integrated employment.
Section 2(2), amending 29 U.S.C. 794g(b)(2)
Adjustment of Counseling Age Threshold
This amendment changes the age threshold for certain requirements related to career counseling and information. The original text likely referred to individuals '24 or younger' in the context of these requirements. By striking '24' and inserting '17', the bill narrows the age group for whom certain mandatory counseling and career exploration services are required *before* subminimum wage employment can occur. This means individuals aged 18-24 would no longer be subject to these specific pre-employment counseling requirements.
Section 2(3), amending 29 U.S.C. 794g(c)
Employer Exception for State Unit Non-Response to Counseling Requests
This provision adds a new exception to the requirements for employing individuals at subminimum wage. If an entity makes documented efforts to contact the designated State unit for required counseling, information, and referrals, but the State unit fails to provide these services, the entity can still satisfy the requirements. This allows employers to proceed with subminimum wage employment even if the state agency is unresponsive.
Section 2(4), amending 29 U.S.C. 794g(d)(1)
Employer Access to Counseling Documentation
This amendment requires that if an individual is already employed by an entity described in subsection (a) at the time documentation of the counseling process is made, copies of such documentation must be made available to the employing entity. This ensures employers have access to records confirming that the required counseling, information, and referrals have been provided.