Office of Disability Policy Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2294 To establish the Office of Disability Policy in the legislative branch. IN THE SENATE OF THE UNITED STATES JULY 25, 2019 Mr. CASEY (for himself, Ms. HASSAN, and Ms. DUCKWORTH) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Office of Disability Policy in the legislative branch. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Office of Disability 4 Policy Act of 2019’’. 5 SEC. 2. ESTABLISHMENT OF THE OFFICE OF DISABILITY 6 POLICY. 7 (a) IN GENERAL.—Chapter 7 of title 31, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 2 •S 2294 IS ‘‘Subchapter VIII—Office of Disability Policy 1 ‘‘§ 799A–1. Definitions 2 ‘‘In this subchapter— 3 ‘‘(1) the term ‘Director’ means the Director of 4 the Office; 5 ‘‘(2) the term ‘entitlement’ means an entitle- 6 ment authority, within the meaning given that term 7 under section 250 of the Balanced Budget and 8 Emergency Deficit Control Act of 1985 (2 U.S.C. 9 900); 10 ‘‘(3) the term ‘individual with a disability’ 11 means an individual with any disability (as defined 12 in section 3 of the Americans with Disabilities Act 13 of 1990 (42 U.S.C. 12102)); and 14 ‘‘(4) the term ‘Office’ means the Office of Dis- 15 ability Policy established under section 799A–2(a). 16 ‘‘§ 799A–2. Establishment of the Office of Disability 17 Policy 18 ‘‘(a) IN GENERAL.—There is established in the Gov- 19 ernment Accountability Office the Office of Disability Pol- 20 icy. 21 ‘‘(b) DIRECTOR.— 22 ‘‘(1) IN GENERAL.—The Office shall be headed 23 by a Director, who shall be appointed— 24 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 3 •S 2294 IS ‘‘(A) by the Speaker of the House of Rep- 1 resentatives, the minority leader of the House 2 of Representatives, the majority leader of the 3 Senate, the minority leader of the Senate, and 4 the Executive Director of the National Council 5 on Disability, after considering recommenda- 6 tions received from the Committee on Edu- 7 cation and Labor and the Committee on Energy 8 and Commerce of the House of Representatives 9 and the Committee on Finance and the Com- 10 mittee on Health, Education, Labor, and Pen- 11 sions of the Senate; 12 ‘‘(B) without regard to political affiliation; 13 and 14 ‘‘(C) solely on the basis of fitness to per- 15 form the duties of the office of the Director. 16 ‘‘(2) TERM.—The term of the first individual 17 appointed to the position of Director shall end on 18 January 3, 2021, and the term of each individual 19 appointed for a full term to the position of Director 20 thereafter shall end on January 3 of each fourth 21 year thereafter. 22 ‘‘(3) VACANCIES.—If an individual appointed to 23 the position of Director resigns, dies, or is removed 24 from office, or there is otherwise a vacancy in the 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 4 •S 2294 IS position of Director before the end of the term of the 1 Director under paragraph (2), the individual ap- 2 pointed to the position of Director shall be appointed 3 to serve for the remainder of the unexpired term of 4 the Director that the individual succeeds. 5 ‘‘(4) CONTINUATION IN OFFICE.—An individual 6 serving in the position of Director at the end of the 7 term of the individual as Director may continue to 8 serve until a successor is appointed. 9 ‘‘(5) REMOVAL.—The Director may be removed 10 by a joint resolution of Congress. 11 ‘‘(c) DEPUTY DIRECTOR.— 12 ‘‘(1) IN GENERAL.—There shall be a Deputy 13 Director of the Office who shall— 14 ‘‘(A) be appointed by the Director; 15 ‘‘(B) perform such duties as may be as- 16 signed by the Director; and 17 ‘‘(C) during the absence or incapacity of 18 the Director or during a vacancy in that office, 19 act as the Director. 20 ‘‘(2) TERM.—The term of an individual ap- 21 pointed to the position of Deputy Director shall end 22 on the date on which the term of the Director ap- 23 pointing the Deputy Director ends. 24 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 5 •S 2294 IS ‘‘(3) CONTINUATION IN OFFICE.—An individual 1 serving in the position of Deputy Director at the end 2 of the term of the individual as Deputy Director 3 may continue to serve until a successor is appointed. 4 ‘‘§ 799A–3. Purposes 5 ‘‘The purpose of the Office is to provide to Congress, 6 the executive branch, the States, and the public— 7 ‘‘(1) data and analysis in a timely manner re- 8 garding the effect that proposed Federal legislation, 9 proposed regulations, and proposed guidance would 10 have on individuals with disabilities, their families, 11 and those who support individuals with disabilities 12 by providing services; 13 ‘‘(2) data and analysis on a regular basis re- 14 garding the effect of legislation, regulations, and 15 guidance that are in effect on individuals with dis- 16 abilities, their families, and those who support indi- 17 viduals with disabilities by providing services; and 18 ‘‘(3) analysis of how proposed Federal legisla- 19 tion, proposed regulations, and proposed guidance 20 will align with disability policy in effect. 21 ‘‘§ 799A–4. Duties and functions 22 ‘‘(a) IN GENERAL.—Upon request by a member of 23 the Committee on the Budget, the Committee on Finance, 24 the Committee on Health, Education, Labor, and Pen- 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 6 •S 2294 IS sions, or the Committee on the Judiciary of the Senate 1 or the Committee on the Budget, the Committee on Ways 2 and Means, the Committee on Education and Labor, the 3 Committee on Energy and Commerce, or the Committee 4 on the Judiciary of the House of Representatives, the Of- 5 fice shall provide information to assist the committee re- 6 lated to the effect on individuals with disabilities, their 7 families, and those who support individuals with disabil- 8 ities by providing services of— 9 ‘‘(1) bills amending or affecting the supple- 10 mental security income program under title XVI of 11 the Social Security Act (42 U.S.C. 1381 et seq.), the 12 Medicaid program under title XIX of the Social Se- 13 curity Act (42 U.S.C. 1396 et seq.), the Medicare 14 program under title XVIII of the Social Security Act 15 (42 U.S.C. 1395 et seq.), the Individuals with Dis- 16 abilities Education Act (20 U.S.C. 1400 et seq.), the 17 Federal old-age, survivors, and disability insurance 18 benefits program under title II of the Social Security 19 Act (42 U.S.C. 401 et seq.), the Americans with 20 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 21 the Rehabilitation Act of 1973 (29 U.S.C. 701 et 22 seq.), or any other law affecting individuals with dis- 23 abilities or disability policy; 24 ‘‘(2) bills related to entitlements and taxes; 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 7 •S 2294 IS ‘‘(3) regulations proposed by the executive 1 branch; and 2 ‘‘(4) legislation, regulations, or guidance from 3 Congress, the executive branch, or decisions made by 4 the Federal courts, including the Supreme Court of 5 the United States. 6 ‘‘(b) OTHER REQUESTS.—Upon request by any Sen- 7 ator or Member of the House of Representatives, the Of- 8 fice shall provide information related to the effect on indi- 9 viduals with disabilities, their families, and those who sup- 10 port individuals with disabilities by providing services of— 11 ‘‘(1) bills amending or affecting the Medicaid 12 program under title XIX of the Social Security Act 13 (42 U.S.C. 1396 et seq.), the Medicare program 14 under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.), the Individuals with Disabil- 16 ities Education Act (20 U.S.C. 1400 et seq.), the 17 Federal old-age, survivors, and disability insurance 18 benefits program under title II of the Social Security 19 Act (42 U.S.C. 401 et seq.), or any other law affect- 20 ing individuals with disabilities or disability policy; 21 ‘‘(2) bills related to entitlements and taxes; 22 ‘‘(3) regulations proposed by the executive 23 branch; and 24 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 8 •S 2294 IS ‘‘(4) legislation, regulations, or guidance from 1 Congress, the executive branch, or decisions made by 2 the Federal courts, including the Supreme Court of 3 the United States. 4 ‘‘(c) SCOPE.—The Director may analyze and report 5 on any legislation, regulation, or guidance the Director de- 6 termines appropriate to meet the purposes described in 7 section 799A–3. 8 ‘‘(d) COLLABORATION.—When appropriate, the Of- 9 fice will collaborate with the National Council on Disabil- 10 ities in conducting analyses and preparing reports under 11 this section. 12 ‘‘(e) PRIORITIZING AND RESPONDING TO RE- 13 QUESTS.— 14 ‘‘(1) IN GENERAL.—For any legislation or regu- 15 lation described in subsection (a), (b), or (c), an 16 analysis and report relating to the legislation or reg- 17 ulation by the Office should be made available before 18 a vote on the legislation or the closing of public com- 19 ment on regulations, respectively. 20 ‘‘(2) PRIORITY.—The Office shall— 21 ‘‘(A) give priority to responding to a re- 22 quest from the Chairman or Ranking Minority 23 Member of a committee described in subsection 24 (a); 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 9 •S 2294 IS ‘‘(B) give priority in analyzing legislation 1 based on the likelihood that a committee de- 2 scribed in subsection (a) will consider the legis- 3 lation; 4 ‘‘(C) provide an initial report and analysis 5 not later than 3 business days after the date of 6 a request; 7 ‘‘(D) provide the full report and analysis of 8 the Office not later than 10 business days after 9 the date of a request; 10 ‘‘(E) to the extent practicable, provide a 11 full report and analysis of legislation before a 12 committee of the Senate or the House of Rep- 13 resentatives votes on the legislation; and 14 ‘‘(F) otherwise prioritize analyses and re- 15 porting on all other legislation, regulations, and 16 guidance in accordance with such criteria as the 17 Director shall establish. 18 ‘‘(f) ANNUAL REPORT.—The Office shall submit to 19 the Committee on the Budget, the Committee on Finance, 20 the Committee on Health, Education, Labor, and Pen- 21 sions, and the Committee on the Judiciary of the Senate 22 and the Committee on the Budget, the Committee on 23 Ways and Means, the Committee on Education and Labor, 24 the Committee on Energy and Commerce, and the Com- 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 10 •S 2294 IS mittee on the Judiciary of the House of Representatives 1 an annual report on the bills enacted into law, bills intro- 2 duced, and regulation and guidance promulgated or pro- 3 posed by the executive branch that will affect individuals 4 with disabilities, their families, and those who support in- 5 dividuals with disabilities by providing services. 6 ‘‘(g) ACCESS TO INFORMATION.— 7 ‘‘(1) IN GENERAL.—For purposes of conducting 8 any analysis or preparing any report under this sec- 9 tion, upon request by the Office, the head of a Fed- 10 eral agency shall provide the Office with information 11 and data. 12 ‘‘(2) PERSONALLY IDENTIFIABLE INFORMA- 13 TION.—The Office shall not include personally iden- 14 tifiable information in any report under this section. 15 ‘‘(h) REPORT CONTENTS AND DISTRIBUTION.—Each 16 analysis or report under this section shall— 17 ‘‘(1) when possible and appropriate, use 18 geospatial standards, as defined by the Federal Geo- 19 graphic Data Committee; 20 ‘‘(2) be prepared using plain language; 21 ‘‘(3) address issues at the national level and, to 22 the extent possible, at the State level; and 23 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 11 •S 2294 IS ‘‘(4) be made publicly available, along with the 1 information and data used to prepare the analysis or 2 report, except to the extent— 3 ‘‘(A) the information or data is specifically 4 exempted from public disclosure by law; or 5 ‘‘(B) the Director determines that disclo- 6 sure of the information or data would reveal 7 personnel or medical data, or data of which 8 would constitute an unwarranted invasion of 9 personal privacy. 10 ‘‘§ 799A–5. Appropriations 11 ‘‘(a) AUTHORIZATION.—There are authorized to be 12 appropriated to the Office for each fiscal year such sums 13 as may be necessary to enable it to carry out this sub- 14 chapter. 15 ‘‘(b) INTERIM FUNDING.— 16 ‘‘(1) IN GENERAL.—During the period de- 17 scribed in paragraph (2), amounts in the contingent 18 fund of the Senate and the allowances and expenses 19 account of the House of Representatives shall be 20 available for the expenses of the Office. 21 ‘‘(2) PERIOD.—The period described in this 22 paragraph is the period— 23 ‘‘(A) beginning on the date of enactment of 24 this subchapter; and 25 VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS 12 •S 2294 IS ‘‘(B) ending on the earlier of— 1 ‘‘(i) the date on which amounts are 2 first made available under an appropria- 3 tion Act to carry out this subchapter; or 4 ‘‘(ii) the date that is 1 year after the 5 date of enactment of this subchapter.’’. 6 Æ VerDate Sep 11 2014 02:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S2294.IS S2294 SSpencer on DSKBBXCHB2PROD with BILLS