Bill Summary
The Office of International Disability Rights Act is a bill that aims to establish an office within the United States government to focus on disability rights on an international level. The bill highlights the importance of disability rights in achieving sustainable development goals and improving the lives of people with disabilities around the world. The bill also calls for the development of a formal policy for disability inclusion in foreign assistance and programming, as well as the establishment of an Office of International Disability Rights that will be responsible for coordinating efforts and advising the Secretary of State on disability rights issues. The bill also includes provisions for training and reporting on the progress and implementation of disability rights policies and programs.
Possible Impacts
1. This legislation could affect people by potentially increasing their access to resources and opportunities, as it aims to promote disability rights and inclusion in foreign policy. This could have a positive impact on the lives of people with disabilities, especially those living in developing countries where they face significant barriers to education, employment, and participation in society.
2. The creation of an Office of International Disability Rights could provide a platform for people with disabilities to have their voices heard in matters of foreign policy and human rights. This could lead to greater representation and advocacy for the rights and needs of people with disabilities on a global scale.
3. The training requirements for civil service and foreign service personnel could lead to a greater understanding and awareness of disability rights and inclusion, which could potentially reduce discrimination and improve accommodations for people with disabilities. This could create a more inclusive and equitable environment for people with disabilities in the workplace and in society as a whole.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Introduced in Senate (IS)]
<DOC>
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)
introduced the following bill; which was read twice and referred to the
Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of International Disability
Rights Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has shown leadership domestically on
disability rights with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), as well as section 504 of the
Rehabilitation Act (29 U.S.C. 794), and this leadership should
be leveraged to support international disability rights.
(2) The United Nations (UN) Sustainable Development Goals 4
(No Poverty), 8 (Decent Work and Economic Growth), 10 (Reduced
Inequality), 11 (Sustainable Cities and Communities), 16
(Peaceful and Inclusive Societies), and 17 (Partnerships)
explicitly mention persons with disabilities, while 13 other
Goals are particularly related to persons with disabilities,
and countries are required to report disability disaggregated
data for each.
(3) There are more than 1,000,000,000 people with
disabilities around the world, and 80 percent live in
developing countries.
(4) Sixty percent of people with disabilities are women,
according to the United Nations.
(5) Women with disabilities are more likely to experience
violence and sexual violence than women without disabilities.
(6) There are more than 90,000,000 children with
disabilities worldwide according to the United Nations
Children's Fund (UNICEF).
(7) Children with disabilities are more likely to be
malnourished, subject to violence, isolation, and abuse, and
less likely to attend school than children without
disabilities.
(8) People with disabilities are subject to economic and
social marginalization. The International Labor Organization
has estimated that the cost of excluding people with
disabilities from the world of work could be up to 7 percent of
Gross Domestic Product (GDP) in some low- and middle-income
countries.
(9) The inclusion of people with disabilities is a
fundamental part of democracy and essential to the full
realization of human rights.
(10) The political participation and leadership of people
with disabilities, including those who acquired a disability
through conflict, is crucial to sustaining democratic
institutions.
(11) People with disabilities can face disadvantages in all
areas of life, including educational attainment, labor market
outcomes, financial stability, housing, standard of living
conditions, political participation, access to health care,
arts and culture, sports, transportation, and access to justice
and citizenship.
(12) Issues related to disability rights cut across all
sectors of foreign assistance, including democracy, voting and
elections, human rights, civil rights, labor, global health,
education, economic growth and trade, gender equality and
women's empowerment, agriculture and food security, water and
sanitation, conflict transformation, disaster risk reduction,
and humanitarian recovery and relief.
(13) People with disabilities are members of all
marginalized groups, including women, young people, older
adults, the LGBTI community, ethnic and religious minorities,
indigenous people, internally displaced people, and refugees.
(14) The public presence of the Special Advisor for
International Disability Rights at the Department of State,
first appointed in 2010, helped raise the visibility of people
with disabilities in Department policies and programs, and
improved the inclusion of disability in the Department's annual
Country Reports on Human Rights Practices and Trafficking in
Persons reports.
(15) There is currently no mandate that Department of State
programming be disability inclusive where relevant, and the
Department does not have a formal, publicly available
disability policy.
SEC. 3. DISABILITY INCLUSION IN FOREIGN POLICY.
(a) Sense of Congress.--It is the sense of Congress that, since
international disability rights is foundational to development,
national security, and economic outcomes, disability inclusion should
be mainstreamed through all foreign assistance and programming.
(b) Formal Policy for Disability Inclusion in Foreign Policy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall develop
and adopt a formal policy for disability inclusion in United
States foreign assistance programming and ensure that such
policy is implemented in the Foreign Affairs Manual.
(2) Matters to be included.--The policy required under
subsection (a) should include information and guidance on the
Department's approach to disability inclusion in United States
foreign assistance and disaster response programming.
(3) Consultation.--In developing and adopting the policy,
the Secretary shall consult with--
(A) individuals with disabilities, organizations of
people with disabilities and international
nongovernmental organizations working on disability
rights; and
(B) the Administrator of the United States Agency
for International Development (USAID) to promote
coherence of such policy with USAID's formal disability
policy.
(4) Public availability.--The Secretary shall publish such
policy on a publicly available website of the Department.
SEC. 4. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) In General.--The Secretary of State shall establish an Office
of International Disability Rights (referred to in this section as the
``Office''), which should be placed at the Under Secretary level and
which shall be headed by an Ambassador-at-Large.
(b) Purpose.--The Office shall coordinate efforts of the United
States Government, as directed by the Secretary, regarding human rights
for people with disabilities and advancing the status of people with
disabilities in United States foreign policy.
(c) Duties.--The Office shall carry out the following duties:
(1) Serve as the principal advisor to the Secretary on all
matters related to disability inclusive foreign policy,
including ensuring that when the Department awards grants or
contracts, the award of grants or contracts is consistent with
United States law and practice on disability rights, including
nondiscrimination and the ability to use such funds for the
provision or reasonable accommodations to people with
disabilities.
(2) Represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of people
with disabilities and work to raise the profile of disability
across a broader range of organizations contributing to
international development efforts, including donor engagement
and mobilization of resources, capacity building,
accountability mechanisms, advocacy, and implementation of
international guidelines and standards.
(3) Work to ensure that disability inclusive practices and
empowerment of people with disabilities are fully integrated
into all United States foreign operations.
(4) Conduct regular consultation with civil society
organizations working to advance international disability
rights and empower people with disabilities internationally.
(5) Consult with other relevant offices at the Department
of State that are responsible for drafting annual reports to
include information on people with disabilities wherever
applicable, which may include instances of discrimination,
prejudice, abuses of people with disabilities, disabilities
caused as a result of conflict involving the United States, or
explosive remnants of war sourced in the United States.
(d) Supervision.--The Office shall be headed by an Ambassador-at-
Large for International Disability Rights. The Ambassador-at-Large
should be a person of recognized distinction in the field of disability
rights. The Ambassador-at-Large shall be provided with appropriate
funding and staff consistent with the duties of the Office and with
Department of State guidance on the status of an Office.
(e) Consultation.--The Secretary shall direct offices and employees
of the Department, Ambassadors at Large, Representatives, Special
Envoys, Special Advisors, and coordinators to consult with the Office
to promote the human rights and full participation of people with
disabilities in United States foreign policy.
SEC. 5. DEPARTMENTAL HIRING AND FACILITIES ACCESSIBILITY.
(a) In General.--The Under Secretary of State for Management shall,
in consultation with the Ambassador-at-Large, the appointed pursuant to
section 4(a), prioritize in the hiring and recruitment and overseas
assignments, the accessibility practices of civil service employees and
foreign service officers with disabilities and their family members
with chronic medical conditions or disabilities.
(b) Duties.--The Under Secretary shall--
(1) ensure that facilities used to carry out the mission of
the United States at embassies, consulates, leased facilities,
or any other facilities are in compliance with United States
Access Board standards, including accessibility to people with
disabilities, including by--
(A) making websites and other forms of
communication accessible to people with disabilities
and providing reasonable accommodations to program
participants;
(B) ensuring accessibility of United States
Government facilities by contracting with local
contractors and subcontractors that meet the
requirements of section 503 of the Rehabilitation Act
of 1973 (29 U.S.C. 793) to affirmatively hire workers
with disabilities; and
(C) consulting with the Department of Labor's
Office of Federal Contracts Compliance to ensure all
Department of State contractors are compliant with the
Americans with Disabilities Act of 1990;
(2) ensure that the policies and practices for the
recruitment and placement of foreign service officers and their
families encourage the hiring and placement of people with
disabilities in compliance with the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.);
(3) consult with the Disability Rights Section of the Civil
Rights Division of the Department of Justice to ensure that
Department of State hiring is compliant with the Americans with
Disabilities Act of 1990; and
(4) ensure that policies are in place for hiring locally
employed staff in embassies and consulates outside the United
States to ensure that accommodations are offered, provided, and
funded from the Department's centralized reasonable
accommodation fund.
(c) Facility Accessibility.--The Under Secretary for Management
shall, in consultation with the Ambassador-at-Large appointed pursuant
to section 4(a), ensure that embassies and consulates and their
services are accessible to people with disabilities, including with
respect to--
(1) the physical accessibility of facilities housing
embassies and consulates;
(2) websites of United States embassies and consulates;
(3) public internet and telecommunications; and
(4) other means of communication with United States
residents and the general public.
SEC. 6. TRAINING.
(a) In General.--The Secretary of State shall require online or in-
person mandatory disability inclusion training for all civil service
and foreign service personnel of the Department of State and chiefs of
mission, including on--
(1) how to develop solicitations, programming, budgets, and
policies that are inclusive;
(2) how to ensure a disability-inclusive work environment;
(3) how to conduct disability-inclusive analyses of laws
and programming;
(4) how to empower and support local organizations of
people with disabilities;
(5) how to ensure implementing partners that receive
funding from the Department hire and include people with
disabilities throughout all Department programs, as applicable
by using international monitoring frameworks that address
inclusive programming and integrating inclusion indicators; and
(6) inclusive humanitarian action for people with
disabilities, in line with established international frameworks
including the Inter-Agency Standing Committee (IASC) guidelines
and the Charter on Inclusion of Persons with Disabilities in
Humanitarian Action.
(b) Country-Specific and Cultural Considerations.--The Secretary
shall ensure that training for foreign service officers under
subsection (a) should include country-specific and cultural
considerations.
(c) Foreign Service Officers.--Section 708(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4028(a)(1)) is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) instruction on recognizing risks and
vulnerabilities of individuals with disabilities in
specific country contexts, disability inclusion in
policymaking and outreach at United States embassies
and analysis of disability-inclusive laws and
programming in local country contexts; and''.
SEC. 7. REPORT AND BRIEFING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall provide to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives a
report and briefing on the steps taken to implement this Act.
(b) Matters To Be Included.--The report and briefing required under
subsection (a) shall include--
(1) an explanation of policies and programs to fulfill--
(A) the duties of the Office of International
Disability Rights established under section 4; and
(B) the training requirements under section 6;
(2) a description of the status of efforts to mainstream
disability rights throughout Department of State programming
without regard to whether such programming is specifically
directed toward people with disabilities;
(3) an explanation of disability-specific programming
across the Department;
(4) a description of the status of accessible facilities in
all foreign missions, as required under section 5(c);
(5) a description of any policy, programming, or human
resources gaps to mainstreaming disability rights policy
throughout the Department, and plans to address gaps through
appropriate mechanisms;
(6) a description of progress made on the realization of
the rights of people with disabilities as a result of
Department policies and programming;
(7) an explanation of the current status of the
Department's evidence gathering and improved systematic
disability data collection, including the use of disaggregated
data, in order to ensure that programming, monitoring, and
reporting reflect and address the risks and needs of people
with disabilities; and
(8) recommendations for legislative actions to fully
implement the matters described in paragraphs (1) through (7).
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