[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4982 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4982
To establish the International Children with Disabilities Protection
Program within the Department of State, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2022
Mr. Menendez (for himself, Mr. Moran, Mr. Durbin, Ms. Murkowski, Mr.
Leahy, Mrs. Blackburn, Mrs. Shaheen, Mr. Tillis, Mr. Kaine, Ms.
Duckworth, Mr. Merkley, and Mr. Murphy) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the International Children with Disabilities Protection
Program within the Department of State, 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 ``International Children with
Disabilities Protection Act of 2022''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United Nations Children's Fund
(UNICEF), there are at least 240,000,000 children and youth
with disabilities in the world, including approximately
53,000,000 children under age 5.
(2) Families and children with disabilities together make
up nearly 2,000,000,000 people, or 25 percent of the world's
population.
(3) Millions of children, particularly children with
intellectual and other developmental disabilities, are placed
in large or small residential institutions and most of those
children are left to grow up without the love, support, and
guidance of a family. The vast majority of children placed in
residential institutions have at least one living parent or
have extended family, many of whom would keep their children at
home if they had the support and legal protections necessary to
do so.
(4) As described in the 2013 world report published by
UNICEF, many parents who wish to keep their children with
disabilities feel that they have no choice but to give up their
child to a residential institution because of prejudice and
stigma against disability, the lack of support and protection
that families receive, and the fact that education and
community services are often inaccessible or inappropriate for
children with disabilities.
(5) Extensive scientific research demonstrates that placing
children in residential institutions may lead to psychological
harm, increased developmental disabilities, stunted growth,
rapid spread of infectious diseases, and high rates of
mortality.
(6) Leading child protection organizations have documented
that children and adolescents raised without families in
residential institutions face high risk of violence,
trafficking for forced labor or the sex industry, forced
abortion or sterilization, and criminal detention.
(7) The danger of family breakup and institutionalization
has grown enormously as a result of the COVID-19 pandemic.
According to a study published in The Lancet, as of February
2022, a minimum of 6,900,000 children globally have lost a
parent or co-residing caregiver to COVID-19 and are now at
increased risk of placement in a residential institution.
(8) The disability rights movement in the United States has
been a world leader and an inspiration to the growth of a
global disability rights movement. The United States has many
models of practice that could be shared with countries around
the world to support laws, policies, and services to promote
the full inclusion of children with disabilities in families
around the world.
(9) The Advancing Protection and Care for Children in
Adversity strategy of the United States Government (APCCA) and
the Global Child Thrive Act of 2020 (subtitle I of title XII of
division A of Public Law 116-283; 134 Stat. 3985) commit the
United States Government to investing in the development, care,
dignity, and safety of vulnerable children and their families
around the world, including efforts to keep children with their
families and reduce placement of children in residential
institutions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) stigma and discrimination against children with
disabilities, particularly intellectual and other developmental
disabilities, and lack of support for community inclusion have
left people with disabilities and their families economically
and socially marginalized;
(2) organizations of persons with disabilities and family
members of persons with disabilities are often too small to
apply for or obtain funds from domestic or international
sources or ineligible to receive funds from such sources;
(3) as a result of the factors described in paragraphs (1)
and (2), key stakeholders have often been left out of public
policymaking on matters that affect children with disabilities;
and
(4) financial support, technical assistance, and active
engagement of people with disabilities and their families is
needed to ensure the development of effective policies that
protect families and ensure the full inclusion in society of
children with disabilities.
SEC. 4. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Family.--The term ``family'' includes married and
unmarried parents, single parents, adoptive families, kinship
care, extended family, and foster care.
(3) Organization of persons with disabilities.--The term
``organization of persons with disabilities'' means a
nongovernmental civil society organization with staff
leadership and a board of directors the majority of which
consists of--
(A) people with disabilities;
(B) individuals who were formerly placed in a
residential institution; or
(C) family members of children or youth with
disabilities.
(4) Residential institution.--The term ``residential
institution''--
(A) means a facility where children live in a
collective arrangement that is not family-based and
that--
(i) may be public or privately managed and
staffed;
(ii) may be small or large; and
(iii) may or may not be designated for
children with disabilities; and
(B) includes an orphanage, a children's
institution, a group home, an infant home, a children's
village or cottage complex, a boarding school used
primarily for care, and any other residential setting
for children.
SEC. 5. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) assist countries abroad in creating rights protection
programs for people with disabilities and developing policies
and social supports to ensure that children with disabilities
can grow up as members of families and make the transition to
independent living as adults;
(2) promote the development of advocacy skills and
leadership abilities of people with disabilities and family
members of children and youth with disabilities so that such
individuals can effectively participate in their local,
regional, and national governments to promote policy reforms
and programs to support full inclusion in families of children
with disabilities;
(3) promote the development of laws and policies that--
(A) strengthen families and protect against the
unnecessary institutionalization of children with
disabilities; and
(B) create opportunities for youth with
disabilities to receive the resources and support
needed to achieve their full potential;
(4) promote participation by different groups of people
with disabilities and their families in advocating for
disability rights and reforms to legal frameworks; and
(5) promote the sustainable action needed to bring about
changes in law, policy, and programs to ensure full family
inclusion of children with disabilities.
SEC. 6. INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION PROGRAM AND
CAPACITY BUILDING.
(a) International Children With Disabilities Protection Program.--
(1) Establishment of program.--There is established within
the Bureau of Democracy, Human Rights, and Labor of the
Department a grant and capacity-building program to be known as
the ``International Children with Disabilities Protection
Program'' (in this section referred to as the ``Program'').
(2) Purpose.--The purpose of the Program is to assist
organizations of persons with disabilities and family members
of children with disabilities in communicating about and
advocating for policies that ensure the family inclusion and
transition to independent living of children with disabilities
to advance the policy described in section 5.
(3) Criteria.--The Secretary of State, in consultation with
leading civil society groups with expertise in global
disability rights, shall establish criteria for--
(A) applications for grants awarded under paragraph
(4); and
(B) the selection of--
(i) the countries or regions targeted under
the Program;
(ii) priority activities funded through
grants awarded under paragraph (4); and
(iii) capacity-building needs of recipients
of grants awarded under paragraph (4).
(4) Disability inclusion grants.--
(A) In general.--The Secretary of State may award
grants to eligible implementing partners to administer
grant amounts directly or through subgrants.
(B) Eligible implementing partners.--For purposes
of this paragraph, an eligible implementing partner is
a nongovernmental organization or other civil society
organization that--
(i) has the capacity to administer grant
amounts--
(I) directly; or
(II) through subgrants that can be
effectively used by emerging new
organizations of persons with
disabilities; and
(ii) has expertise in disability rights.
(C) Priority.--The Secretary of State shall
prioritize awarding grants under this paragraph to
eligible implementing partners with experience
operating or administering subgrants in countries for
which the Assistant Secretary of State for Democracy,
Human Rights, and Labor, in consultation with the
United States Government Special Adviser and Senior
Coordinator for the Administrator of the United States
Agency for International Development on Children in
Adversity, has determined that there are significant
populations of children living in residential
institutions.
(D) Subgrants.--An eligible implementing partner
that receives a grant under this paragraph should seek
to--
(i) provide not less than 50 percent of the
grant amount through subgrants to local
organizations of persons with disabilities and
other nongovernmental organizations working in
country to advance the policy described in
section 5; and
(ii) provide, of any amount distributed
pursuant to clause (i)--
(I) 75 percent to organizations of
persons with disabilities; and
(II) 25 percent to other
nongovernmental organizations.
(b) Capacity-Building Programs.--The Secretary of State is
authorized to provide funds to nongovernmental organizations with
expertise in capacity building and technical assistance to develop
capacity-building programs to--
(1) develop disability leaders, legislators, policymakers,
and service providers to plan and implement programs to advance
the policy described in section 5;
(2) build the advocacy capacity and knowledge of successful
models of rights enforcement, family support, and disability
inclusion among disability, youth, and allied civil society
advocates, attorneys, and professionals to advance the policy
described in section 5;
(3) create online programs to train policymakers,
activists, and other individuals on successful models of
reform, services, and rights protection to ensure that children
with disabilities can live and grow up with families and become
full participants in society, which--
(A) are available globally;
(B) offer low cost or no-cost training accessible
to persons with disabilities, family members of such
persons, and other individuals with potential to offer
future leadership in the advancement of the goals of
family inclusion and rights protection for children
with disabilities; and
(C) should be targeted to government policymakers,
disability activists, and other potential allies and
supporters among civil society groups; and
(4) create study tours so activists and policymakers from
abroad can observe and better understand the operation of
successful models of family and community inclusion and rights
advocacy, including exposing such activists and policymakers to
models of good practice in the United States.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section amounts as follows:
(A) $2,000,000 for fiscal year 2024.
(B) $10,000,000 for each of fiscal years 2025
through 2029.
(2) Capacity-building and technical assistance programs.--
Of the amounts authorized to be appropriated by paragraph (1),
not less than $1,000,000 for fiscal year 2024 and not less than
$3,000,000 for each of fiscal years 2025 through 2029 are
authorized to be available for capacity-building and technical
assistance programs to support disability rights leadership and
to train and engage policymakers, professionals, and allies in
civil society organizations in foreign countries.
SEC. 7. BRIEFINGS AND REPORTS ON IMPLEMENTATION.
(a) Annual Briefing Required.--
(1) In general.--Not less frequently than annually through
fiscal year 2029, the Secretary of State shall submit to the
Committee on Health, Education, Labor, and Pensions, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate a briefing on--
(A) the programs and activities carried out to
advance the policy described in section 5; and
(B) any broader work of the Department in advancing
that policy.
(2) Elements.--Each briefing required by paragraph (1)
shall include, with respect to each program carried out under
section 6--
(A) the rationale for the country and program
selection;
(B) the goals and objectives of the program, and
the kinds of participants in the activities and
programs supported;
(C) a description of the types of technical
assistance and capacity building provided; and
(D) an identification of any gaps in funding or
support needed to ensure full participation of
organizations of persons with disabilities or inclusion
of children with disabilities in the program.
(b) Reports Required.--
(1) In general.--Not less frequently than once every 3
years through fiscal year 2029, the Secretary of State shall
submit to the Committee on Health, Education, Labor, and
Pensions, the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate a report on the matters
described in subsection (a)(1).
(2) Elements.--Each report required by paragraph (1) shall
include the elements described in subsection (a)(2).
(3) Consultation.--In preparing each report required by
paragraph (1), the Secretary of State shall consult with
organizations of persons with disabilities.
SEC. 8. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY FOR CHILDREN
WITH DISABILITIES.
(a) Sense of Congress on Programming and Programs.--It is the sense
of Congress that--
(1) all programming of the Department and the United States
Agency for International Development related to childcare
reform, improvement of health care systems, primary and
secondary education, disability rights, and human rights should
seek to be consistent with the policy described in section 5;
and
(2) programs of the Department and the United States Agency
for International Development related to children, health care,
and education--
(A) should--
(i) engage organizations of persons with
disabilities in policymaking and program
implementation; and
(ii) support full inclusion of children
with disabilities in families; and
(B) should aim to avoid support for residential
institutions for children with disabilities except in
situations of conflict or emergency in a manner that
protects family connections as described in subsection
(b).
(b) Sense of Congress on Conflict and Emergencies.--It is the sense
of Congress that--
(1) programs of the Department and the United States Agency
for International Development serving children in situations of
conflict or emergency, among displaced or refugee populations,
or in natural disasters should seek to ensure that children
with and without disabilities can maintain family ties; and
(2) in situations of emergency, if children are separated
from parents or have no family, every effort should be made to
ensure that children are placed with extended family, in
kinship care, or in a substitute family.
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