S.Amdt. 292Senate118th Congress (2023-2025)
S.Amdt. 292
Sponsored by
Sen. Robert Menendez (D-NJ)
Submitted July 13, 2023
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Senate amendment submitted
July 13, 2023
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Senate amendment submitted
July 13, 2023
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Senate amendment submitted
July 13, 2023
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Submitted
SA 292. Mr. MENENDEZ (for himself, Mr. Tillis, and Mr. Moran) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title XII, insert the following: Subtitle __--International Children With Disabilities Protection SEC. _1. SHORT TITLE. This subtitle 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 subtitle: (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 [[Page S2487]] 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 subtitle 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. ______