[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 847 Reported in Senate (RS)]
<DOC>
Calendar No. 149
118th CONGRESS
1st Session
S. 847
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
March 16, 2023
Mr. Menendez (for himself, Mr. Moran, Mr. Durbin, Mrs. Blackburn, Mr.
Cardin, Mr. Tillis, Mrs. Shaheen, Mr. Kaine, Ms. Duckworth, Mr.
Merkley, Mr. Murphy, and Mr. Coons) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
July 25, 2023
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``International Children with
Disabilities Protection Act of 2023''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Families and children with disabilities
together make up nearly 2,000,000,000 people, or 25 percent of
the world's population.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 September 2022, a minimum of 10,500,000 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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, ensure the full inclusion in
society of children with disabilities, and promote the
transition of children with disabilities to independent living
as adults.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Department.--The term ``Department'' means the
Department of State.</DELETED>
<DELETED> (2) Family.--The term ``family'' includes married
and unmarried parents, single parents, adoptive families,
kinship care, extended family, and foster care.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) people with disabilities;</DELETED>
<DELETED> (B) individuals who were formerly placed
in a residential institution; or</DELETED>
<DELETED> (C) family members of children or youth
with disabilities.</DELETED>
<DELETED> (4) Residential institution.--The term
``residential institution''--</DELETED>
<DELETED> (A) means a facility where children live
in a collective arrangement that is not family-based
and that--</DELETED>
<DELETED> (i) may be public or privately
managed and staffed;</DELETED>
<DELETED> (ii) may be small or large;
and</DELETED>
<DELETED> (iii) may or may not be designated
for children with disabilities; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) promote the development of laws and policies
that--</DELETED>
<DELETED> (A) strengthen families and protect
against the unnecessary institutionalization of
children with disabilities; and</DELETED>
<DELETED> (B) create opportunities for youth with
disabilities to receive the resources and support
needed to achieve their full potential and transition
to independent living as adults;</DELETED>
<DELETED> (4) promote participation by different groups of
people with disabilities and their families in advocating for
disability rights and reforms to legal frameworks;
and</DELETED>
<DELETED> (5) promote the sustainable action needed to bring
about changes in law, policy, and programs to ensure full
family inclusion of children with disabilities and the
transition of children with disabilities to independent living
as adults.</DELETED>
<DELETED>SEC. 6. INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION
PROGRAM AND CAPACITY BUILDING.</DELETED>
<DELETED> (a) International Children With Disabilities Protection
Program.--</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Criteria.--The Secretary of State, in
consultation with leading civil society groups with expertise
in global disability rights, shall establish criteria for--
</DELETED>
<DELETED> (A) applications for grants awarded under
paragraph (4); and</DELETED>
<DELETED> (B) the selection of--</DELETED>
<DELETED> (i) the countries or regions
targeted under the Program;</DELETED>
<DELETED> (ii) priority activities funded
through grants awarded under paragraph (4);
and</DELETED>
<DELETED> (iii) capacity-building needs of
recipients of grants awarded under paragraph
(4).</DELETED>
<DELETED> (4) Disability inclusion grants.--</DELETED>
<DELETED> (A) In general.--The Secretary of State
may award grants to eligible implementing partners to
administer grant amounts directly or through
subgrants.</DELETED>
<DELETED> (B) Eligible implementing partners.--For
purposes of this paragraph, an eligible implementing
partner is a nongovernmental organization or other
civil society organization that--</DELETED>
<DELETED> (i) has the capacity to administer
grant amounts--</DELETED>
<DELETED> (I) directly; or</DELETED>
<DELETED> (II) through subgrants
that can be effectively used by
emerging new organizations of persons
with disabilities; and</DELETED>
<DELETED> (ii) has expertise in disability
rights.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Subgrants.--An eligible implementing
partner that receives a grant under this paragraph
should seek to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) provide, of any amount
distributed pursuant to clause (i)--</DELETED>
<DELETED> (I) 75 percent to
organizations of persons with
disabilities; and</DELETED>
<DELETED> (II) 25 percent to other
nongovernmental
organizations.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) develop disability leaders, legislators,
policymakers, and service providers to plan and implement
programs to advance the policy described in section
5;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) are available globally;</DELETED>
<DELETED> (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, transition to independent
living as adults, and rights protection for children
with disabilities; and</DELETED>
<DELETED> (C) should be targeted to government
policymakers, disability activists, and other potential
allies and supporters among civil society groups;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There are authorized to be
appropriated to carry out this section amounts as
follows:</DELETED>
<DELETED> (A) $2,000,000 for fiscal year
2024.</DELETED>
<DELETED> (B) $10,000,000 for each of fiscal years
2025 through 2029.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. BRIEFINGS AND REPORTS ON IMPLEMENTATION.</DELETED>
<DELETED> (a) Annual Briefing Required.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the programs and activities carried
out to advance the policy described in section 5;
and</DELETED>
<DELETED> (B) any broader work of the Department in
advancing that policy.</DELETED>
<DELETED> (2) Elements.--Each briefing required by paragraph
(1) shall include, with respect to each program carried out
under section 6--</DELETED>
<DELETED> (A) the rationale for the country and
program selection;</DELETED>
<DELETED> (B) the goals and objectives of the
program, and the kinds of participants in the
activities and programs supported;</DELETED>
<DELETED> (C) a description of the types of
technical assistance and capacity building provided;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Reports Required.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Elements.--Each report required by paragraph
(1) shall include the elements described in subsection
(a)(2).</DELETED>
<DELETED> (3) Consultation.--In preparing each report
required by paragraph (1), the Secretary of State shall consult
with organizations of persons with disabilities.</DELETED>
<DELETED>SEC. 8. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY FOR
CHILDREN WITH DISABILITIES.</DELETED>
<DELETED> (a) Sense of Congress on Programming and Programs.--It is
the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) programs of the Department and the United
States Agency for International Development related to
children, health care, and education--</DELETED>
<DELETED> (A) should--</DELETED>
<DELETED> (i) engage organizations of
persons with disabilities in policymaking and
program implementation; and</DELETED>
<DELETED> (ii) support full inclusion of
children with disabilities in families;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Sense of Congress on Conflict and Emergencies.--It is
the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Children with
Disabilities Protection Act of 2023''.
SEC. 2. 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 persons with disabilities and their families is
needed to ensure the development of effective policies that
protect families, ensure the full inclusion in society of
children with disabilities, and promote the ability of persons
with disabilities to live in the community with choices equal
to others.
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Eligible implementing partner.--The term ``eligible
implementing partner'' means a nongovernmental organization or
other civil society organization that--
(A) has the capacity to administer grants directly
or through subgrants that can be effectively used by
local organizations of persons with disabilities; and
(B) has international expertise in the rights of
persons with disabilities, including children with
disabilities and their families.
(3) Organization of persons with disabilities.--The term
``organization of persons with disabilities'' means a
nongovernmental civil society organization run by and for
persons with disabilities and families of children with
disabilities.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) assist partner countries in developing policies and
programs that recognize, support, and protect the civil and
political rights of and enjoyment of fundamental freedoms by
persons with disabilities, including children, such that the
latter may grow and thrive in supportive family environments
and make the transition to independent living as adults;
(2) promote the development of advocacy and leadership
skills among persons with disabilities and their families in a
manner that enables effective civic engagement, including at
the local, national, and regional levels, and promote policy
reforms and programs that support full economic and civic
inclusion of persons with disabilities and their families;
(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 children and youth
with disabilities to access the resources and support
needed to achieve their full potential to live
independently in the community with choices equal to
others;
(4) promote the participation of persons with disabilities
and their families in advocacy efforts and legal frameworks to
recognize, support, and protect the civil and political rights
of and enjoyment of fundamental freedoms by persons with
disabilities; 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 and the transition of
children with disabilities to independent living as adults.
SEC. 5. INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION PROGRAM AND
CAPACITY BUILDING.
(a) International Children With Disabilities Protection Program.--
(1) In general.--There is authorized to be established
within the Department of State a program to be known as the
``International Children with Disabilities Protection Program''
(in this section referred to as the ``Program'') to carry out
the policy described in section 4.
(2) Criteria.--In carrying out the Program under this
section, the Secretary of State, in consultation with leading
civil society groups with expertise in the protection of civil
and political rights of and enjoyment of fundamental freedoms
by persons with disabilities, may establish criteria for
priority activities under the Program in selected countries.
(3) Disability inclusion grants.--The Secretary of State
may award grants to eligible implementing partners to
administer grant amounts directly or through subgrants.
(4) Subgrants.--An eligible implementing partner that
receives a grant under paragraph (3) should provide subgrants
and, in doing so, shall prioritize local organizations of
persons with disabilities working within a focus country or
region to advance the policy described in section 4.
(b) Authorization of Appropriations.--
(1) In general.--Of funds made available in fiscal years
2024 through 2029 to carry out the purposes of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are
authorized to be appropriated to carry out this Act amounts as
follows:
(A) $2,000,000 for fiscal year 2024.
(B) $5,000,000 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 each of fiscal years 2024 through
2029 should be available for capacity-building and technical
assistance programs to--
(A) develop the leadership skills of persons with
disabilities, legislators, policymakers, and service
providers in the planning and implementation of
programs to advance the policy described in section 4;
(B) increase awareness of successful models of the
promotion of civil and political rights and fundamental
freedoms, family support, and economic and civic
inclusion among organizations of persons with
disabilities and allied civil society advocates,
attorneys, and professionals to advance the policy
described in section 4; and
(C) create online programs to train policymakers,
advocates, and other individuals on successful models
to advance reforms, services, and protection measures
that enable children with disabilities to live within
supportive family environments and become full
participants in society, which--
(i) are available globally;
(ii) 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, transition to independent living as
adults, and protection measures for children
with disabilities; and
(iii) should be targeted to government
policymakers, advocates, and other potential
allies and supporters among civil society
groups.
SEC. 6. ANNUAL REPORT ON IMPLEMENTATION.
(a) Annual Report Required.--
(1) In general.--Not less frequently than annually through
fiscal year 2029, the Secretary of State shall submit to the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on--
(A) the programs and activities carried out to
advance the policy described in section 4; and
(B) any broader work of the Department in advancing
that policy.
(2) Elements.--Each report required by paragraph (1) shall
include, with respect to each program carried out under section
5--
(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.
(3) Consultation.--In preparing each report required by
paragraph (1), the Secretary of State shall consult with
organizations of persons with disabilities.
SEC. 7. 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 health systems
strengthening, primary and secondary education, and the
protection of civil and political rights of persons with
disabilities should seek to be consistent with the policy
described in section 4; and
(2) programs of the Department and the United States Agency
for International Development related to children, global
health, 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 an adoptive or foster family.
Calendar No. 149
118th CONGRESS
1st Session
S. 847
_______________________________________________________________________
A BILL
To establish the International Children with Disabilities Protection
Program within the Department of State, and for other purposes.
_______________________________________________________________________
July 25, 2023
Reported with an amendment