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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5628 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5628

  To provide for an international disability rights strategy, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 19 (legislative day, December 16), 2024

 Mr. Kaine (for himself and Mr. Casey) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
  To provide for an international disability rights strategy, 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 ``State Department Disability Policy 
and Accommodations Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States has shown leadership domestically on 
        disability policy 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 policy 
        priorities.
            (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 policy 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 
        paragraph (1) 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'') and which shall be headed by an Ambassador-at-Large.
    (b) Appointment.--The Ambassador shall be appointed by the 
President, by and with advice and consent of the Senate, and shall work 
with and through the Assistant Secretary of State for Democracy, Human 
Rights, and Labor to advise the Secretary of State regarding matters 
related to disability rights.
    (c) 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.
    (d) Duties.--Section 5104(b) of the Department of State 
Authorization Act of 2021 (division D of Public Law 117-81; 135 Stat. 
2345) is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (2), (3), (4), (5), (6), (7), 
        (8), and (13), respectively;
            (2) by inserting before paragraph (2), as redesignated by 
        paragraph (1) of this subsection, the following new paragraph:
            ``(1) coordinate all international disability policy and 
        international assistance provided by the United States 
        Government, in consultation with relevant and appropriate 
        regional bureaus of the Department and chiefs of mission, to 
        support efforts abroad to strengthen the rights of persons with 
        disabilities;''; and
            (3) in paragraph (8), as so redesignated, by striking 
        ``disabilities; and'' and inserting the following: 
        ``disabilities;
            ``(9) coordinate the collection of data regarding the 
        United States Government's international assistance and 
        activities to promote the rights of persons with disabilities, 
        in coordination with the Administrator of the United States 
        Agency for International Development, the Secretary of State, 
        and the heads of other relevant Federal agencies, including to 
        the extent feasible--
                    ``(A) a detailed accounting of spending by relevant 
                Federal departments and agencies, including, for each 
                Federal department and agency, the statutory source of 
                spending;
                    ``(B) the amounts spent; and
                    ``(C) activities supported to the extent 
                practicable and appropriate;
            ``(10) establish interagency detail or rotation 
        opportunities for relevant Federal agencies to be housed within 
        the Office for the purposes of--
                    ``(A) augmenting the Office's ability to share 
                United States Government best practices with United 
                States missions and with international partners; and
                    ``(B) strengthening the Office's role in the 
                coordination of efforts across the government;
            ``(11) work with relevant bureaus to promote the use of 
        existing educational and cultural exchanges with international 
        disability policymakers and advocates;
            ``(12) coordinate with the Administrator of the United 
        States Agency for International Development on the publication 
        and promotion of an updated United States Agency for 
        International Development disability policy; and''.
    (e) Supervision.--Section 5104(c) of the Department of State 
Authorization Act of 2021 (division D of Public Law 117-81; 135 Stat. 
2345) is amended to read as follows:
    ``(c) 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.''.
    (f) International Disability Rights Strategy.--Section 5104 of the 
Department of State Authorization Act of 2021 (division D of Public Law 
117-81; 135 Stat. 2345) is amended by adding at the end the following 
new subsection:
    ``(e) International Disability Rights Strategy.--
            ``(1) Strategy.--Not later than 180 days after the date of 
        the enactment of this subsection, the Secretary of State, in 
        coordination with the Administrator of the United States Agency 
        for International Development, the heads of other relevant 
        Federal agencies, and nongovernmental organizations, should 
        submit to the appropriate congressional committees a strategy 
        to--
                    ``(A) achieve the purposes described in subsection 
                (b);
                    ``(B) identify target countries and regions for 
                prioritization of the Department's international 
                assistance efforts related to the rights of persons 
                with disabilities;
                    ``(C) identify the United States national security 
                interest in the target countries and regions where 
                assistance will be provided;
                    ``(D) establish specific goals to advance 
                international best practices relating to the rights of 
                persons with disabilities; and
                    ``(E) implement the Department's plan to leverage 
                resources and expertise through partnerships with the 
                private sector, nongovernmental organizations, and 
                research and academic institutions.
            ``(2) Annual report.--
                    ``(A) In general.--Not later than one year after 
                submission of the strategy required under paragraph 
                (1), and annually thereafter, the Secretary of State, 
                in consultation with the Administrator of the United 
                States Agency for International Development and other 
                relevant Federal agencies, should provide the 
                appropriate congressional committees with a written 
                description of results achieved, including--
                            ``(i) progress on implementation of the 
                        strategy;
                            ``(ii) an assessment of efforts to 
                        coordinate United States international 
                        disability rights activities and initiatives 
                        with foreign governments, multilateral 
                        institutions, nongovernmental organizations, 
                        and other key stakeholders related to the 
                        rights of persons with disabilities;
                            ``(iii) a detailed accounting of spending 
                        by the Department of State, the United States 
                        Agency for International Development, and other 
                        relevant Federal agencies on United States 
                        international disability rights assistance to 
                        foreign governments and multilateral 
                        institutions related to the rights of persons 
                        with disabilities; and
                            ``(iv) the number of educational and 
                        cultural exchanges focused on advancing 
                        international disability rights.
                    ``(B) Disaggregation of data.--The data submitted 
                under subparagraph (A) should, where feasible, be 
                disaggregated by country, gender of recipients of 
                assistance, funding account, funding levels, and fiscal 
                year of funding.
            ``(3) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means--
                    ``(A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    ``(B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.''.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of State $6,000,000 for each of fiscal 
years 2024 through 2027, to achieve the purposes described in 
subsection (b) of section 5104 of the Department of State Authorization 
Act of 2021, as amended by subsection (a) of this section.

SEC. 5. DEPARTMENTAL HIRING AND FACILITIES ACCESSIBILITY.

    (a) In General.--The Under Secretary of State for Management shall, 
in consultation with the Office of International Disability Rights, 
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 (42 U.S.C. 
                12101 et seq.);
            (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 (42 U.S.C. 12101 et seq.); 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 Office of International Disability 
Rights--
            (1) ensure that embassies and consulates and their services 
        are accessible to people with disabilities, including with 
        respect to--
                    (A) the physical accessibility of facilities 
                housing embassies and consulates;
                    (B) websites of United States embassies and 
                consulates;
                    (C) public internet and telecommunications; and
                    (D) other means of communication with United States 
                residents and the general public; and
            (2) acquire 5 percent of residences per diplomatic post and 
        ensure that such residences meet the adaptable standards set by 
        the Director of the Bureau of Overseas Buildings.

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).

SEC. 8. JUDY HEUMANN FOREIGN AND CIVIL SERVICE DISABILITY FELLOWSHIP 
              PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) disability rights are foundational to human rights, 
        national security, and positive economic outcomes;
            (2) the Department of State should mainstream disability 
        inclusion by expanding training and professional development 
        opportunities for Foreign Service and civil service personnel 
        of the Department--
                    (A) to support and advance efforts to make the 
                Department of State a more accessible and disability 
                inclusive workplace by--
                            (i) familiarizing personnel with domestic 
                        disability laws, regulations, and policies; and
                            (ii) providing first-hand experience of 
                        disability policy; and
                    (B) to fully integrate support for persons with 
                disabilities as a key component of the Department of 
                State's foreign policy and foreign assistance 
                programming by--
                            (i) examining and identifying the United 
                        States foreign policies and programs that 
                        affect individuals with disabilities in other 
                        countries;
                            (ii) establishing the principle that no 
                        United States international activity should 
                        have a lower standard of inclusion than its 
                        domestic correlate;
                            (iii) promoting disability inclusive 
                        practices and the training of personnel on 
                        quality programming that is fully inclusive of 
                        people with disabilities;
                            (iv) strengthening support for and 
                        inclusion of persons with disabilities, along 
                        with the effective development and 
                        implementation of inclusive disability laws, 
                        regulations, standards, and policies, in 
                        foreign and domestic partnerships; and
                            (v) representing the United States in 
                        diplomatic and multilateral fora on matters 
                        relevant to the rights of persons with 
                        disabilities and working to raise the profile 
                        of disabilities across a broad range of 
                        organizations contributing to international 
                        development efforts.
    (b) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of State.
            (2) Organization of persons with disabilities.--The term 
        ``organization of persons with disabilities'' means a 
        nongovernmental civil society organization, including a think 
        tank, nonprofit, nongovernmental organization, academic 
        institution, or other organization, that--
                    (A) includes staff leadership and a board of 
                directors the majority of which consists of people with 
                disabilities; and
                    (B) serves people with disabilities.
    (c) Establishment.--The Secretary of State shall establish the Judy 
Heumann Foreign Service Disability Fellowship (referred in this section 
as the ``Fellowship'') for purposes of assigning fellows to 
opportunities at organizations of persons with disabilities lasting 
between 6 months and one year. The Secretary shall make grants to 
organizations of persons with disabilities in order to enable fellows 
to carry out the activities described in subsection (e). The Secretary 
shall be responsible for designing, implementing, and operating the 
Fellowship program, including setting standards for successful 
completion of each fellowship.
    (d) Selection of Fellows.--
            (1) In general.--The Secretary of State shall establish 
        criteria for selecting the fellows for the Fellowship and shall 
        play a central role in selecting 5 fellows for the Fellowship 
        during the first two years and 10 fellows for the Fellowship 
        during each year thereafter.
            (2) Selection and placement.--The Secretary of State 
        shall--
                    (A) make efforts to recruit fellowship candidates 
                who reflect the diversity of the United States;
                    (B) select fellows from among entry-, mid- and 
                senior-level Foreign Service and civil service 
                personnel;
                    (C) prioritize the selection of candidates willing 
                to serve in a fellowship lasting one year;
                    (D) help fellows arrange a fellowship placement 
                with an organization of persons with disabilities; and
                    (E) for each fellow, approve a work plan that 
                identifies the target objectives for the fellow, 
                including specific duties and responsibilities relating 
                to those objectives.
    (e) Fellowship Activities.--Fellows participating in the Fellowship 
program shall--
            (1) study the United Nations Convention on the Rights of 
        Persons with Disabilities, done at New York December 12, 2006;
            (2) attend the Conference of States Parties to the 
        Convention on the Rights of Persons with Disabilities (COSP) 
        along with one member of the hosting organization of persons 
        with disabilities; and
            (3) carry out such other activities as the Secretary of 
        State determines appropriate.
    (f) Annual Report.--Not later than one year after the date of the 
completion of the Fellowship by the initial cohort of fellows selected 
under subsection (d), and annually thereafter, the Secretary of State 
shall submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representatives a 
report on the implementation of the Fellowship, including--
            (1) a summary of gender, race, national origin, disability 
        status, or other demographic categories of the cohort of 
        fellows who completed a fellowship during the preceding one-
        year period;
            (2) a description of the fellowships and placements, 
        including feedback on implementation and lessons learned; and
            (3) an analysis of trends relating to the diversity of each 
        cohort of fellows since the establishment of the Fellowship 
        program.
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