Office of International Disability Rights Act

II 116TH CONGRESS 2D SESSION S. 3880 To establish the Office of International Disability Rights, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 3, 2020 Mr. CASEY (for himself, Ms. DUCKWORTH, Mr. COONS, and Mr. DURBIN) in- troduced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To establish the Office of International Disability Rights, and for other purposes. 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 International 4 Disability Rights Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The United States has shown leadership do- 8 mestically on disability rights with the Americans 9 with Disabilities Act of 1990 (42 U.S.C. 12101 et 10 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3880 IS seq.), as well as section 504 of the Rehabilitation 1 Act (29 U.S.C. 794), and this leadership should be 2 leveraged to support international disability rights. 3 (2) The United Nations (UN) Sustainable De- 4 velopment Goals 4 (No Poverty), 8 (Decent Work 5 and Economic Growth), 10 (Reduced Inequality), 11 6 (Sustainable Cities and Communities), 16 (Peaceful 7 and Inclusive Societies), and 17 (Partnerships) ex- 8 plicitly mention persons with disabilities, while 13 9 other Goals are particularly related to persons with 10 disabilities, and countries are required to report dis- 11 ability disaggregated data for each. 12 (3) There are more than 1,000,000,000 people 13 with disabilities around the world, and 80 percent 14 live in developing countries. 15 (4) Sixty percent of people with disabilities are 16 women, according to the United Nations. 17 (5) Women with disabilities are more likely to 18 experience violence and sexual violence than women 19 without disabilities. 20 (6) There are more than 90,000,000 children 21 with disabilities worldwide according to the United 22 Nations Children’s Fund (UNICEF). 23 (7) Children with disabilities are more likely to 24 be malnourished, subject to violence, isolation, and 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3880 IS abuse, and less likely to attend school than children 1 without disabilities. 2 (8) People with disabilities are subject to eco- 3 nomic and social marginalization. The International 4 Labor Organization has estimated that the cost of 5 excluding people with disabilities from the world of 6 work could be up to 7 percent of Gross Domestic 7 Product (GDP) in some low- and middle-income 8 countries. 9 (9) The inclusion of people with disabilities is 10 a fundamental part of democracy and essential to 11 the full realization of human rights. 12 (10) The political participation and leadership 13 of people with disabilities, including those who ac- 14 quired a disability through conflict, is crucial to sus- 15 taining democratic institutions. 16 (11) People with disabilities can face disadvan- 17 tages in all areas of life, including educational at- 18 tainment, labor market outcomes, financial stability, 19 housing, standard of living conditions, political par- 20 ticipation, access to health care, arts and culture, 21 sports, transportation, and access to justice and citi- 22 zenship. 23 (12) Issues related to disability rights cut 24 across all sectors of foreign assistance, including de- 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3880 IS mocracy, voting and elections, human rights, civil 1 rights, labor, global health, education, economic 2 growth and trade, gender equality and women’s em- 3 powerment, agriculture and food security, water and 4 sanitation, conflict transformation, disaster risk re- 5 duction, and humanitarian recovery and relief. 6 (13) People with disabilities are members of all 7 marginalized groups, including women, young peo- 8 ple, older adults, the LGBTI community, ethnic and 9 religious minorities, indigenous people, internally 10 displaced people, and refugees. 11 (14) The public presence of the Special Advisor 12 for International Disability Rights at the Depart- 13 ment of State, first appointed in 2010, helped raise 14 the visibility of people with disabilities in Depart- 15 ment policies and programs, and improved the inclu- 16 sion of disability in the Department’s annual Coun- 17 try Reports on Human Rights Practices and Traf- 18 ficking in Persons reports. 19 (15) There is currently no mandate that De- 20 partment of State programming be disability inclu- 21 sive where relevant, and the Department does not 22 have a formal, publicly available disability policy. 23 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3880 IS SEC. 3. DISABILITY INCLUSION IN FOREIGN POLICY. 1 (a) SENSE OF CONGRESS.—It is the sense of Con- 2 gress that, since international disability rights is 3 foundational to development, national security, and eco- 4 nomic outcomes, disability inclusion should be 5 mainstreamed through all foreign assistance and program- 6 ming. 7 (b) FORMAL POLICY FOR DISABILITY INCLUSION IN 8 FOREIGN POLICY.— 9 (1) IN GENERAL.—Not later than one year 10 after the date of the enactment of this Act, the Sec- 11 retary of State shall develop and adopt a formal pol- 12 icy for disability inclusion in United States foreign 13 assistance programming and ensure that such policy 14 is implemented in the Foreign Affairs Manual. 15 (2) MATTERS TO BE INCLUDED.—The policy 16 required under subsection (a) should include infor- 17 mation and guidance on the Department’s approach 18 to disability inclusion in United States foreign as- 19 sistance and disaster response programming. 20 (3) CONSULTATION.—In developing and adopt- 21 ing the policy, the Secretary shall consult with— 22 (A) individuals with disabilities, organiza- 23 tions of people with disabilities and inter- 24 national nongovernmental organizations work- 25 ing on disability rights; and 26 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3880 IS (B) the Administrator of the United States 1 Agency for International Development (USAID) 2 to promote coherence of such policy with 3 USAID’s formal disability policy. 4 (4) PUBLIC AVAILABILITY.—The Secretary 5 shall publish such policy on a publicly available 6 website of the Department. 7 SEC. 4. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 8 (a) IN GENERAL.—The Secretary of State shall es- 9 tablish an Office of International Disability Rights (re- 10 ferred to in this section as the ‘‘Office’’), which should 11 be placed at the Under Secretary level and which shall 12 be headed by an Ambassador-at-Large. 13 (b) PURPOSE.—The Office shall coordinate efforts of 14 the United States Government, as directed by the Sec- 15 retary, regarding human rights for people with disabilities 16 and advancing the status of people with disabilities in 17 United States foreign policy. 18 (c) DUTIES.—The Office shall carry out the following 19 duties: 20 (1) Serve as the principal advisor to the Sec- 21 retary on all matters related to disability inclusive 22 foreign policy, including ensuring that when the De- 23 partment awards grants or contracts, the award of 24 grants or contracts is consistent with United States 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3880 IS law and practice on disability rights, including non- 1 discrimination and the ability to use such funds for 2 the provision or reasonable accommodations to peo- 3 ple with disabilities. 4 (2) Represent the United States in diplomatic 5 and multilateral fora on matters relevant to the 6 rights of people with disabilities and work to raise 7 the profile of disability across a broader range of or- 8 ganizations contributing to international develop- 9 ment efforts, including donor engagement and mobi- 10 lization of resources, capacity building, account- 11 ability mechanisms, advocacy, and implementation of 12 international guidelines and standards. 13 (3) Work to ensure that disability inclusive 14 practices and empowerment of people with disabil- 15 ities are fully integrated into all United States for- 16 eign operations. 17 (4) Conduct regular consultation with civil soci- 18 ety organizations working to advance international 19 disability rights and empower people with disabilities 20 internationally. 21 (5) Consult with other relevant offices at the 22 Department of State that are responsible for draft- 23 ing annual reports to include information on people 24 with disabilities wherever applicable, which may in- 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3880 IS clude instances of discrimination, prejudice, abuses 1 of people with disabilities, disabilities caused as a re- 2 sult of conflict involving the United States, or explo- 3 sive remnants of war sourced in the United States. 4 (d) SUPERVISION.—The Office shall be headed by an 5 Ambassador-at-Large for International Disability Rights. 6 The Ambassador-at-Large should be a person of recog- 7 nized distinction in the field of disability rights. The Am- 8 bassador-at-Large shall be provided with appropriate 9 funding and staff consistent with the duties of the Office 10 and with Department of State guidance on the status of 11 an Office. 12 (e) CONSULTATION.—The Secretary shall direct of- 13 fices and employees of the Department, Ambassadors at 14 Large, Representatives, Special Envoys, Special Advisors, 15 and coordinators to consult with the Office to promote the 16 human rights and full participation of people with disabil- 17 ities in United States foreign policy. 18 SEC. 5. DEPARTMENTAL HIRING AND FACILITIES ACCESSI- 19 BILITY. 20 (a) IN GENERAL.—The Under Secretary of State for 21 Management shall, in consultation with the Ambassador- 22 at-Large, the appointed pursuant to section 4(a), 23 prioritize in the hiring and recruitment and overseas as- 24 signments, the accessibility practices of civil service em- 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3880 IS ployees and foreign service officers with disabilities and 1 their family members with chronic medical conditions or 2 disabilities. 3 (b) DUTIES.—The Under Secretary shall— 4 (1) ensure that facilities used to carry out the 5 mission of the United States at embassies, con- 6 sulates, leased facilities, or any other facilities are in 7 compliance with United States Access Board stand- 8 ards, including accessibility to people with disabil- 9 ities, including by— 10 (A) making websites and other forms of 11 communication accessible to people with disabil- 12 ities and providing reasonable accommodations 13 to program participants; 14 (B) ensuring accessibility of United States 15 Government facilities by contracting with local 16 contractors and subcontractors that meet the 17 requirements of section 503 of the Rehabilita- 18 tion Act of 1973 (29 U.S.C. 793) to affirma- 19 tively hire workers with disabilities; and 20 (C) consulting with the Department of La- 21 bor’s Office of Federal Contracts Compliance to 22 ensure all Department of State contractors are 23 compliant with the Americans with Disabilities 24 Act of 1990; 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3880 IS (2) ensure that the policies and practices for 1 the recruitment and placement of foreign service of- 2 ficers and their families encourage the hiring and 3 placement of people with disabilities in compliance 4 with the Rehabilitation Act of 1973 (29 U.S.C. 701 5 et seq.); 6 (3) consult with the Disability Rights Section of 7 the Civil Rights Division of the Department of Jus- 8 tice to ensure that Department of State hiring is 9 compliant with the Americans with Disabilities Act 10 of 1990; and 11 (4) ensure that policies are in place for hiring 12 locally employed staff in embassies and consulates 13 outside the United States to ensure that accom- 14 modations are offered, provided, and funded from 15 the Department’s centralized reasonable accommoda- 16 tion fund. 17 (c) FACILITY ACCESSIBILITY.—The Under Secretary 18 for Management shall, in consultation with the Ambas- 19 sador-at-Large appointed pursuant to section 4(a), ensure 20 that embassies and consulates and their services are acces- 21 sible to people with disabilities, including with respect to— 22 (1) the physical accessibility of facilities housing 23 embassies and consulates; 24 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3880 IS (2) websites of United States embassies and 1 consulates; 2 (3) public internet and telecommunications; and 3 (4) other means of communication with United 4 States residents and the general public. 5 SEC. 6. TRAINING. 6 (a) IN GENERAL.—The Secretary of State shall re- 7 quire online or in-person mandatory disability inclusion 8 training for all civil service and foreign service personnel 9 of the Department of State and chiefs of mission, includ- 10 ing on— 11 (1) how to develop solicitations, programming, 12 budgets, and policies that are inclusive; 13 (2) how to ensure a disability-inclusive work en- 14 vironment; 15 (3) how to conduct disability-inclusive analyses 16 of laws and programming; 17 (4) how to empower and support local organiza- 18 tions of people with disabilities; 19 (5) how to ensure implementing partners that 20 receive funding from the Department hire and in- 21 clude people with disabilities throughout all Depart- 22 ment programs, as applicable by using international 23 monitoring frameworks that address inclusive pro- 24 gramming and integrating inclusion indicators; and 25 VerDate Sep 11 2014 17:44 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3880 IS (6) inclusive humanitari [Text truncated for display. 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