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ThinkDIFFERENTLY About Disability Employment Act (2025)

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Congressional materials
Document type
Crpt 119Hrpt32
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Crpt 119Hrpt32

Summary

House Report 119–32 of the 119th Congress, submitted March 24, 2025 by Mr. Williams of Texas from the Committee on Small Business to accompany H.R. 1634, the ThinkDIFFERENTLY About Disability Employment Act. The committee reports the bill favorably without amendment after ordering it reported on March 5, 2025. The report states the bill, introduced February 26, 2025 by Rep. Stauber with Rep. Simon, Rep. Alford and Rep. Pappas, requires the Small Business Administration and the National Council on Disability to enter into a Memorandum of Understanding to increase employment opportunities for individuals with disabilities. It adds a section-by-section analysis, including a report to Congress within two years of enactment, and notes that a Congressional Budget Office cost estimate was requested but not received. Minority Views are signed by Ranking Member Nydia M. Velázquez.

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                                                                                  119TH CONGRESS                                                                                            REPORT
                                                                                                 " HOUSE OF REPRESENTATIVES                                                        !
                                                                                     1st Session                                                                                            119–32




                                                                                                     THINKDIFFERENTLY ABOUT DISABILITY
                                                                                                              EMPLOYMENT ACT



                                                                                       MARCH 24, 2025.—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. 1634]

                                                                                    The Committee on Small Business, to whom was referred the bill
                                                                                  (H.R. 1634) 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. 1634 .................................................................                     4
                                                                                    VII. Congressional Budget Office Cost Estimate .............................................                               4
                                                                                   VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                     4
                                                                                     IX. Oversight Findings & Recommendations ..................................................                               4
                                                                                      X. Performance Goals and Objectives ............................................................                         5
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 5
                                                                                    XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
                                                                                            Benefits .....................................................................................................     5
                                                                                   XIII. Federal Mandates Statement .....................................................................                      5
                                                                                    XIV. Federal Advisory Committee Statement ...................................................                              5
                                                                                     XV. Applicability to Legislative Branch ...........................................................                       5




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                                                                                    XVI. Statement of Constitutional Authority ......................................................                          5
                                                                                   XVII. Minority Views ............................................................................................           6
                                                                                         59–006




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                                                                                                               I. PURPOSE AND BILL SUMMARY

                                                                                     On February 26, 2025, Rep. Stauber, along with Rep. Simon,
                                                                                  Rep. Alford, and Rep. Pappas, introduced H.R. 1634,
                                                                                  ThinkDIFFERENTLY About Disability Employment Act. H.R. 1634
                                                                                  requires the Small Business Administration (SBA) and National
                                                                                  Council on Disability (NCD) to enter into a Memorandum of Under-
                                                                                  standing (MOU) to increase employment opportunities for individ-
                                                                                  uals with disabilities by providing individuals with disabilities en-
                                                                                  trepreneurial assistance, identifying small business job opportuni-
                                                                                  ties, and assisting small businesses hire individuals with disabil-
                                                                                  ities.
                                                                                                                  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 accommodation at a
                                                                                  job, and the limited transportation options present unique chal-
                                                                                  lenges when it comes to individuals with disabilities finding em-
                                                                                  ployment.
                                                                                    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 agency,
                                                                                  the NCD is uniquely suited to use its existing resources to help in-
                                                                                  form the SBA as to how the SBA can support individuals with dis-
                                                                                  abilities. While the SBA has a history of providing support to serv-
                                                                                  ice-disabled veterans, the same type of advice for entrepreneurs
                                                                                  with disabilities who are not veterans is lacking.
                                                                                                                           III. HEARINGS

                                                                                    On February 5, 2025, the Committee on Small Business held a
                                                                                  hearing examining matters related to H.R. 1634 titled ‘‘Hope on the
                                                                                  Horizon: Prioritizing Small Business Growth in the 119th Con-
                                                                                  gress.’’
                                                                                                               IV. COMMITTEE CONSIDERATION

                                                                                    The Committee on Small Business met in open session, with a
                                                                                  quorum being present, on March 5, 2025, and ordered H.R. 1634
                                                                                  favorably reported 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-
                                                                                  tion to report legislation and amendments thereto. The Committee
                                                                                  voted to favorably report H.R. 1634 to the House of Representatives
                                                                                  at 11:45 AM.




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                                                                                                                                      4

                                                                                                          VI. SECTION-BY-SECTION OF H.R. 1634

                                                                                  Section 1—Short title
                                                                                    This bill may be cited as the ‘‘ThinkDIFFERENTLY About Dis-
                                                                                  ability Employment Act.’’
                                                                                  Section 2—Memorandum of Understanding to increase employment
                                                                                       opportunities for individuals 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
                                                                                  individuals with disabilities and assist with related accessibility
                                                                                  issues.
                                                                                     This section also requires the SBA, in consultation with the
                                                                                  NCD, 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 3(c)(3) of rule XIII of the Rules of the House of Rep-
                                                                                  resentatives, the Committee adopts as its own the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-
                                                                                  ant to section 402 of the Congressional Budget Act of 1974. The
                                                                                  Committee has requested but not received from the Director of the
                                                                                  Congressional Budget Office a cost estimate for the Committee’s
                                                                                  provisions.
                                                                                            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. While the Committee has not received an
                                                                                  estimate of new budget authority contained in the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-
                                                                                  ant to Sec. 402 of the Congressional Budget Act of 1974, the Com-
                                                                                  mittee does not believe that there will be any additional costs at-
                                                                                  tributable to this legislation. H.R. 1634 does not direct new spend-
                                                                                  ing, 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




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                                                                                  Business with respect to the subject matter contained in the H.R.
                                                                                  1634 are incorporated into the descriptive portions of this report.




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                                                                                                       X. PERFORMANCE GOALS AND OBJECTIVES

                                                                                    With respect to the requirements of clause 3(c)(4) of rule XIII of
                                                                                  the Rules of the House of Representatives, the performance goals
                                                                                  and objectives of H.R. 1634 requires the SBA and NCD to enter
                                                                                  into an MOU to improve entrepreneurship and employment oppor-
                                                                                  tunities for individuals with disabilities. Within two years of enact-
                                                                                  ment, the SBA must submit a report to Congress describing the
                                                                                  MOU, achievements under the MOU, and how the SBA will con-
                                                                                  tinue to expand employment opportunities for individuals with dis-
                                                                                  abilities. within two years of enactment des and a report to evalu-
                                                                                  ate the memorandum of understanding within two years of enact-
                                                                                  ment.
                                                                                             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. 1634 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

                                                                                    No advisory committees within the meaning of section 5(b) of the
                                                                                  Federal Advisory Committee Act were created by this legislation.
                                                                                                      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 However, only 22.7 percent
                                                                                  participate in America’s labor force 2 due to employment barriers,
                                                                                  including discrimination, education, lack of flexibility, and trans-
                                                                                  portation. Starting and owning a small business can help individ-
                                                                                  uals with disabilities overcome these employment barriers and set
                                                                                  out on a path to prosperity.
                                                                                     Individuals with disabilities have a higher rate of self-employ-
                                                                                  ment (17 percent) than non-disabled Americans (11 percent). Peo-
                                                                                  ple with disabilities often choose entrepreneurship over joining the
                                                                                  labor force for several reasons, including greater flexibility and in-
                                                                                  clusion with respect to their work scheduling and environment.3 In
                                                                                  fact, there are approximately 1.8 million small businesses owned by
                                                                                  people with disabilities in the U.S.4
                                                                                     The legislation would require the Small Business Administration
                                                                                  (SBA) to enter into a Memorandum of Understanding with the Na-
                                                                                  tional Council on Disability (NCD) to promote employment opportu-
                                                                                  nities for people with disabilities. The NCD makes recommenda-
                                                                                  tions to the President, Congress, federal agencies, and state, tribal,
                                                                                  and local governments on policies affecting Americans with disabil-
                                                                                  ities. The NCD is an independent federal agency comprised of nine
                                                                                  members—four appointed by the leadership in Congress and five
                                                                                  appointed by the President. Since the enactment of the Americans
                                                                                  with Disabilities Act in 1990, the NCD has played a key role in
                                                                                  analyzing the needs of people with disabilities.
                                                                                     On January 30, 2024, the Innovation, Entrepreneurship, and
                                                                                  Workforce Development Subcommittee held a hearing entitled
                                                                                  ‘‘Pathways to Success: Supporting Entrepreneurs and Employees
                                                                                  with Disabilities,’’ which focused on ways to empower individuals
                                                                                  with disabilities. Mr. Keith Wargo, President and CEO of Autism
                                                                                  Speaks testified that ‘‘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 cited
                                                                                  a study that showed ‘‘companies that actively seek to hire people
                                                                                  with disabilities outperform businesses that do not. Their revenues,
                                                                                  net income, profit margins were all higher. Further analysis re-

                                                                                    1 Table S1810: Disability Characteristics, U.S. CENSUS BUREAU (2022), https://data.census.gov/

                                                                                  table/ACSST1Y2022.S1810.
                                                                                    2 U.S. BUR OF STATS. Persons with a Disability: Labor Force Characteristics Summary, Feb-

                                                                                  ruary 25, 2025.
                                                                                    3 NAT’L DISABILITY INST., SMALL BUSINESS OWNERSHIP BY PEOPLE WITH DISABILITIES: CHAL-

                                                                                  LENGES AND OPPORTUNITIES 1–2, 13–14 (Apr. 2022).
                                                                                    4 Danielle Fallon-O’Leary, 6 Funding Opportunities for Disabled Entrepreneurs, U.S. CHAMBER

                                                                                  OF COM. (Nov. 1, 2023), https://www.uschamber.com/co/run/business-financing/funding-options-




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                                                                                  for-disabled-entrepreneurs.
                                                                                                                                      (6)




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                                                                                  vealed that the U.S. GDP could get a boost of up to $25 billion if
                                                                                  more people with disabilities joined the workforce.’’
                                                                                                                          NYDIA M. VELÁZQUEZ,
                                                                                                                                  Ranking Member.

                                                                                                                                      Æ




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