ThinkDIFFERENTLY About Disability Employment Act (2024)
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- Congressional materials
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- Crpt 118Hrpt538
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- Crpt 118Hrpt538
Summary
House Report 118-538 of the 118th Congress, 2d Session, on the ThinkDIFFERENTLY About Disability Employment Act, submitted June 4, 2024 from the Committee on Small Business to accompany H.R. 7989, with minority views. The committee reports the bill favorably without amendment, and the report explains that the bill would require the Small Business Administration and the National Council on Disability to enter into a memorandum of understanding on employment and entrepreneurship for people with disabilities, with a report to Congress within two years of enactment. It records that the bill was introduced April 15, 2024, that the committee held a hearing on January 30, 2024, and that the committee ordered the bill reported on April 17, 2024. The Congressional Budget Office estimates that implementing H.R. 7989 would cost less than $500,000 over the 2024-2029 period.
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118TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 118–538
THINKDIFFERENTLY ABOUT DISABILITY EMPLOYMENT
ACT
JUNE 4, 2024.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. WILLIAMS of Texas, from the Committee on Small Business,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7989]
[Including cost estimate of the Congressional Budget Office]
The Committee on Small Business, to whom was referred the bill
(H.R. 7989) to provide for a memorandum of understanding be-
tween the Small Business Administration and the National Council
on Disability to increase employment opportunities for individuals
with disabilities, and for other purposes, having considered the
same, reports favorably thereon without amendment and rec-
ommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 2
II. Need for Legislation .................................................................................... 2
III. Hearings ....................................................................................................... 2
IV. Committee Consideration ........................................................................... 2
V. Committee Votes ......................................................................................... 2
VI. Section-by-Section of H.R. 7989 ................................................................. 5
VII. Congressional Budget Office Cost Estimate ............................................. 5
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 7
IX. Oversight Findings & Recommendations .................................................. 7
X. Performance Goals and Objectives ............................................................ 7
XI. Statement of Duplication of Federal Programs ........................................ 7
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
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Benefits ..................................................................................................... 7
XIII. Federal Mandates Statement ..................................................................... 7
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XIV. Federal Advisory Committee Statement ................................................... 7
XV. Applicability to Legislative Branch ........................................................... 8
XVI. Statement of Constitutional Authority ...................................................... 8
XVII. Minority Views ............................................................................................ 9
I. PURPOSE AND BILL SUMMARY
On April 15, 2024, Rep. Molinaro and Rep. Pappas introduced
H.R. 7989. The purpose of H.R. 7989, the ‘‘ThinkDIFFERENTLY
About Disability Employment Act,’’ is to provide for a memo-
randum of understanding between the Small Business Administra-
tion (SBA) and the National Council on Disability (NCD) to in-
crease employment opportunities for people with disabilities.
II. NEED FOR LEGISLATION
Individuals with disabilities often face additional obstacles to tra-
ditional employment and are more likely to be self-employed than
the average American. The Department of Labor has found that
the lack of education or training, the need for accommodations at
a job, and the lack of transportation present unique challenges
when it comes to individuals with disabilities finding employment.
The bill requires the SBA and NCD to enter into a Memorandum
of Understanding (MOU) or other agreement to collaborate on em-
ployment and entrepreneurship opportunities for people with dis-
abilities.
The NCD is an independent federal agency whose mission is to
provide recommendations to federal policy makers on policies and
issues that impact individuals with disabilities. As a small, under-
utilized agency, the NCD is uniquely suited to use its existing re-
sources to help inform the SBA as to how the SBA can support in-
dividuals with disabilities. While the SBA has a history of pro-
viding support to service-disabled veterans, the same type of advice
for entrepreneurs with disabilities who are not veterans is lacking.
III. HEARINGS
In the 118th Congress, the Committee held one hearing exam-
ining the issues covered in H.R. 7989. On January 30, 2024, the
Committee held a hearing titled ‘‘Pathways to Success: Supporting
Entrepreneurs and Employees with Disabilities’’ which examined
the role entrepreneurs and employees with disabilities play in the
workforce and discussed ways to empower them in the workplace.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on April 17, 2024 and ordered H.R. 7989 re-
ported to the House of Representatives. During the markup no
amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
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tion to report legislation and amendments thereto. The Committee
voted to favorably report H.R. 7989 to the House of Representatives
at 11:54 AM.
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VI. SECTION-BY-SECTION OF H.R. 7989
Section 1—Short title
This bill may be cited as the ‘‘ThinkDIFFERENTLY About Dis-
ability Employment Act.’’
Section 2—Report on entrepreneurship challenges of entrepreneurs
with disabilities
This section requires the Chair of the NCD and the Adminis-
trator of the SBA to enter into an MOU to provide employment and
entrepreneurship assistance to individuals with disabilities. Addi-
tionally, these individuals must help small businesses with hiring
people with disabilities and assist with related accessibility issues.
This section also requires the NCD and SBA to issue a report to
Congress within two years of the bill’s enactment detailing the
MOU, its successes, and opportunities for additional partnership.
Section 3—Compliance with CUTGO
This section does not authorize any additional appropriations for
this bill.
VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(d)(1) of House rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the Con-
gressional Budget Act of 1974.
Summary of legislation: On April 17, 2024, the House Committee
on Small Business ordered reported seven pieces of legislation. This
document provides estimates for three of those bills. The bills
would require the Small Business Administration (SBA) to update
regulations for small business contracts awarded in certain areas
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and prepare reports.
Estimated Federal cost: The bills’ costs fall within budget func-
tion 370 (commerce and housing credit).
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Basis of estimate: For these estimates, CBO assumes that the
bills will be enacted late in fiscal year 2024. The estimated costs
do not include any interaction effects among the bills. If all three
bills were combined and enacted as a single piece of legislation, the
estimated costs could be different than the sum of the separate es-
timates, although CBO expects that any difference would be small.
H.R. 7988 SPUR Act: H.R. 7988 would require the SBA to con-
sider the number of small businesses that secure a first-time fed-
eral prime contract when evaluating an agency on its contracting
scorecard. A contracting scorecard is a ranking system that evalu-
ates each agency’s efforts in meeting goals for awarding contracts
to small businesses.
Because the SBA already conducts scorecard evaluations and col-
lects the required information, CBO estimates that implementing
the bill would cost less than $500,000 over the 2024–2029 period.
Any spending would be subject to the availability of appropriated
funds.
H.R. 7989 ThinkDIFFERENTLY About Disability Employment
Act: H.R. 7989 would require the National Council on Disability
and the SBA to collaborate on employment and entrepreneurship
opportunities for people with disabilities through a Memorandum
of Understanding. The bill would require those entities to submit
a report to the Congress on the activities carried out under the
agreement and recommended opportunities for expansion. CBO es-
timates that implementing the bill would cost less than $500,000
over the 2024–2029 period. Any spending would be subject to the
availability of appropriated funds.
H.R. 8014 Transparency and Predictability in Small Business
Opportunities Act: H.R. 8014 would direct the SBA to disclose and
publish on a single website new rules for cancelling certain solicita-
tions, including a justification for the cancellation, the timeframe
for reissuing cancelled solicitations, and the availability of similar
contracting opportunities. The rules would apply to solicitations for
which two or more businesses are eligible.
The SBA already has a website where it posts similar informa-
tion on solicitations; on that basis, CBO estimates that imple-
menting H.R. 8014 would cost less than $500,000 over the 2024–
2029 period. Any spending would be subject to the availability of
appropriated funds.
Pay-As-You-Go considerations: None of the bills would affect di-
rect spending or revenues; therefore, pay-as-you-go procedures do
not apply.
Increase in long-term net direct spending and deficits: None of
the bills would increase net direct spending or deficits in any of the
four consecutive 10-year periods beginning in 2035.
Mandates: None of the bills contain intergovernmental or pri-
vate-sector mandates as defined in the Unfunded Mandates Reform
Act.
Estimate prepared by: Federal Costs: Kelly Durand; Mandates:
Grace Watson.
Estimate reviewed by: Justin Humphrey, Chief, Finance, Hous-
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ing, and Education Cost Estimates Unit; Kathleen FitzGerald,
Chief, Public and Private Mandates Unit; Christina Hawley An-
thony, Deputy Director of Budget Analysis.
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Estimate approved by: Phillip L. Swagel, Director, Congressional
Budget Office.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a)(I) of the Congressional Budg-
et Act of 1974, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement author-
ity, and tax expenditures. The Committee does not believe that
there will be any additional costs attributable to this legislation.
H.R. 7989 does not direct new spending, but instead reallocates
funding independently authorized and appropriated.
IX. OVERSIGHT FINDINGS & RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in the H.R.
7989 are incorporated into the descriptive portions of this report.
X. PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(1) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 7989 are to require a memorandum of under-
standing between the SBA and NCD on ways to improve entrepre-
neurship and employment opportunities for individuals with dis-
abilities and a report to evaluate the memorandum of under-
standing within two years of enactment.
XI. STATEMENT OF DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 7989 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
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No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
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XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to clause 7 of rule XII of the Rules of the House, the
Committee finds that the authority for this legislation in Art. I, § 8,
cl.1 of the Constitution of the United States.
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XVII. MINORITY VIEWS
According to the U.S. Census Bureau, approximately 44.1 million
Americans are people with disabilities.1 Individuals born with dis-
abilities have different experiences than individuals who acquire
disabilities later in life. Even with this diversity, it is important to
ensure that all Americans are duly included and accommodated in
the workplace and business community.
However, only 26 percent of people with disabilities participate
in America’s labor force. Still, they have a higher rate of self-em-
ployment (17 percent) than non-disabled Americans (11 percent).
People with disabilities often choose entrepreneurship over joining
the labor force for several reasons, including greater flexibility and
inclusion with respect to work scheduling and environment.2 There
are about 1.8 million small businesses owned by people with dis-
abilities in the U.S.3 Owning a small business is a major pathway
for all Americans, especially people with disabilities, to achieve
self-sufficiency.
Under the legislation, SBA to would enter into a Memorandum
of Understanding with the National Council on Disability (NCD) to
promote entrepreneurship and employment opportunities for people
with disabilities. The role of the (NCD) is to make recommenda-
tions to the President, Congress, Federal agencies, State, tribal
communities, and local governments on policies affecting Ameri-
cans with Disabilities. The Council is an independent federal agen-
cy comprised of nine members—four appointed by the leadership in
Congress and five appointed by the President. In Fiscal Year 2024,
the Council received $3.8 million in federal funding. Since the en-
actment of the Americans with Disabilities Act in 1990, the NCD
has played a key role in analyzing the needs of people with disabil-
ities.
On January 30, 2024, the Committee’s Innovation, Entrepreneur-
ship, and Workforce Development Subcommittee held a hearing en-
titled ‘‘Pathways to Success: Supporting Entrepreneurs and Em-
ployees with Disabilities.’’ The hearing focused on the role entre-
preneurs and employees with disabilities play in the workforce and
examined ways to empower them. In testimony, Mr. Keith Wargo,
President and CEO of Autism Speaks reported, ‘‘many individuals
with disabilities have the skills and desire to work, and hiring
neurodiverse people benefits the companies they work for, and the
overall economy.’’ He further cited a study that showed ‘‘companies
that actively seek to hire people with disabilities outperform busi-
1 Table S1810: Disability Characteristics, U.S. CENSUS BUREAU (2022), https://
data.census.gov/table/ACSST1Y2022.S1810.
2 NAT’L DISABILITY INST., SMALL BUSINESS OWNERSHIP BY PEOPLE WITH DIS-
ABILITIES: CHALLENGES AND OPPORTUNITIES 1–2, 13–14 (Apr. 2022).
3 Danielle Fallon-O’Leary, 6 Funding Opportunities for Disabled Entrepreneurs, U.S. CHAM-
BER OF COM. (Nov. 1, 2023), https://www.uschamber.com/co/run/business-financing/funding-op-
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tions-for-disabled-entrepreneurs.
(9)
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10
nesses that do not. Their revenues, net income, profit margins were
all higher. Further analysis revealed that the U.S. GDP could get
a boost of up to $25 billion if more people with disabilities joined
the workforce.’’
In conclusion, the legislation would require the Small Business
Administration (SBA) and National Council on Disability (NCD) to
collaborate to help people with disabilities pursue small business
ownership and employment opportunities and submit a report to
Congress about related activities and accomplishments.
NYDIA M. VELÁZQUEZ,
Ranking Member.
Æ
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