State Department Disability Policy and Accommodations Act

Bill: 118-s-5628
Sponsor: full_name: Sen. Kaine, Tim [D-VA]
Introduced: 2024-12-19
Policy area: International Affairs
Latest action: action_date: 2024-12-19
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5628 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.

1. Short title This Act may be cited as the State Department Disability Policy and Accommodations Act . 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. 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. 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. 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. 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 . 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). 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.