[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Introduced in Senate (IS)]

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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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