[House Report 118-538]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
 2nd 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 
between 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 recommends 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 Expenditure7
  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 
      Benefits........................................................7
XIII. Federal Mandates Statement......................................7
 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 
memorandum of understanding between the Small Business 
Administration (SBA) and the National Council on Disability 
(NCD) to increase employment opportunities for people with 
disabilities.

                        II. NEED FOR LEGISLATION

    Individuals with disabilities often face additional 
obstacles to traditional 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 
employment and entrepreneurship opportunities for people with 
disabilities.
    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, underutilized agency, the NCD is uniquely suited to use 
its existing resources to help inform the SBA as to how the SBA 
can support individuals with disabilities. While the SBA has a 
history of providing 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 
examining 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 
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 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. The Committee voted to favorably report H.R. 7989 to 
the House of Representatives at 11:54 AM.


                  VI. SECTION-BY-SECTION OF H.R. 7989

Section 1--Short title

    This bill may be cited as the ``ThinkDIFFERENTLY About 
Disability Employment Act.''

Section 2--Report on entrepreneurship challenges of entrepreneurs with 
        disabilities

    This section requires the Chair of the NCD and the 
Administrator of the SBA to enter into an MOU to provide 
employment and entrepreneurship assistance to individuals with 
disabilities. Additionally, 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 Congressional 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 and prepare reports.
    Estimated Federal cost: The bills' costs fall within budget 
function 370 (commerce and housing credit).
    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 estimates, although CBO 
expects that any difference would be small.
    H.R. 7988 SPUR Act: H.R. 7988 would require the SBA to 
consider the number of small businesses that secure a first-
time federal prime contract when evaluating an agency on its 
contracting scorecard. A contracting scorecard is a ranking 
system that evaluates each agency's efforts in meeting goals 
for awarding contracts to small businesses.
    Because the SBA already conducts scorecard evaluations and 
collects 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 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. 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 solicitations, 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 
information on solicitations; on that basis, CBO estimates that 
implementing 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 direct 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 
private-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, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; Christina 
Hawley Anthony, Deputy Director of Budget Analysis.
    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 Budget Act of 1974, the Committee provides the 
following opinion and estimate with respect to new budget 
authority, entitlement authority, 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 oversight 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 understanding between the SBA and NCD on ways to 
improve entrepreneurship and employment opportunities for 
individuals with disabilities and a report to evaluate the 
memorandum of understanding 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 duplicative 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 Assistance.

 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 contain 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 
mandates 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 Congressional 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, Sec. 8, cl.1 of the Constitution of the United States.

                          XVII. MINORITY VIEWS

    According to the U.S. Census Bureau, approximately 44.1 
million Americans are people with disabilities.\1\ Individuals 
born with disabilities 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.
---------------------------------------------------------------------------
    \1\Table S1810: Disability Characteristics, U.S. Census Bureau 
(2022), https:// data.census.gov/table/ACSST1Y2022.S1810.
---------------------------------------------------------------------------
    However, only 26 percent of people with disabilities 
participate in America's labor force. Still, they have a higher 
rate of self-employment (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 disabilities 
in the U.S.\3\ Owning a small business is a major pathway for 
all Americans, especially people with disabilities, to achieve 
self-sufficiency.
---------------------------------------------------------------------------
    \2\NAT'L DISABILITY INST., SMALL BUSINESS OWNERSHIP BY PEOPLE WITH 
DISABILITIES: CHALLENGES AND OPPORTUNITIES 1-2, 13-14 (Apr. 2022).
    \3\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-for-
disabled-entrepreneurs.
---------------------------------------------------------------------------
    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 
recommendations to the President, Congress, Federal agencies, 
State, tribal communities, and local governments on policies 
affecting Americans with Disabilities. The Council is an 
independent federal agency 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 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 Committee's Innovation, 
Entrepreneurship, and Workforce Development Subcommittee held a 
hearing entitled ``Pathways to Success: Supporting 
Entrepreneurs and Employees with Disabilities.'' The hearing 
focused on the role entrepreneurs 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 
businesses 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. Velazquez,
                                                    Ranking Member.

                                  [all]