A bill introduced this month in the U.S. Senate calls for the creation of an Office of Disability Policy.Housed within the nonpartisan Government Accountability Office, the proposed entity would be specifically tasked with reviewing legislative and regulatory plans to assess how they would affect Americans with disabilities.
If established, members of Congress would be able to request reviews looking at how legislation, guidance and regulations might impact those with disabilities and the individuals who support them, much like lawmakers can already seek input from GAO on matters generally.
Additionally, the legislation calls for the office to produce an annual report evaluating the impact of enacted bills and regulations on the disability community.
“The Office of Disability Policy Act would provide people with disabilities and the general public with unbiased information about how proposed bills could affect them,” said Sen. Bob Casey, D-Pa., chief sponsor of the proposal.
Aside from Casey, the bill is co-sponsored by Sen. Maggie Hassan, D-N.H., and Sen. Tammy Duckworth, D-Ill.
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S.3261 - Office of Disability Policy Act of 2018115th Congress (2017-2018)
You can view the proposed legislation, and sign up for alerts about it at this link:
https://www.congress.gov/bill/115th-congress/senate-bill/3261#
Sponsor: Sen. Casey, Robert P., Jr. [D-PA] (Introduced 07/24/2018)
Committees: Senate - Homeland Security and Governmental Affairs
Latest Action: Senate - 07/24/2018 Read twice and referred to the Committee on Homeland Security and Governmental Affairs
Introduced in Senate (07/24/2018)
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3261 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3261
To establish the Office of Disability Policy in the legislative branch.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2018
Mr. Casey (for himself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the Office of Disability Policy in the legislative branch.
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 ``Office of Disability Policy Act of
2018''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF DISABILITY POLICY.
(a) In General.--Chapter 7 of title 31, United States Code, is
amended by adding at the end the following:
``Subchapter VIII--Office of Disability Policy
``Sec. 799A-1. Definitions
``In this subchapter--
``(1) the term `Director' means the Director of the Office;
``(2) the term `entitlement' means an entitlement
authority, within the meaning given that term under section 250
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 900);
``(3) the term `individual with a disability' means an
individual with any disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and
``(4) the term `Office' means the Office of Disability
Policy established under section 799A-2(a).
``Sec. 799A-2. Establishment of the Office of Disability Policy
``(a) In General.--There is established in the Government
Accountability Office the Office of Disability Policy.
``(b) Director.--
``(1) In general.--The Office shall be headed by a
Director, who shall be appointed--
``(A) by the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, the
Minority Leader of the Senate, and the Executive
Director of the National Council on Disability, after
considering recommendations received from the Committee
on Education and the Workforce and the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Finance and the Committee on Health,
Education, Labor, and Pensions of the Senate;
``(B) without regard to political affiliation; and
``(C) solely on the basis of fitness to perform the
duties of the office of the Director.
``(2) Term.--The term of the first individual appointed to
the position of Director shall end on January 3, 2021, and the
term of each individual appointed for a full term to the
position of Director thereafter shall end on January 3 of each
fourth year thereafter.
``(3) Vacancies.--If an individual appointed to the
position of Director resigns, dies, or is removed from office,
or there is otherwise a vacancy in the position of Director
before the end of the term of the Director under paragraph (2),
the individual appointed to the position of Director shall be
appointed to serve for the remainder of the unexpired term of
the Director that the individual succeeds.
``(4) Continuation in office.--An individual serving in the
position of Director at the end of the term of the individual
as Director may continue to serve until a successor is
appointed.
``(5) Removal.--The Director may be removed by a joint
resolution of Congress.
``(c) Deputy Director.--
``(1) In general.--There shall be a Deputy Director of the
Office who shall--
``(A) be appointed by the Director;
``(B) perform such duties as may be assigned by the
Director; and
``(C) during the absence or incapacity of the
Director or during a vacancy in that office, act as the
Director.
``(2) Term.--The term of an individual appointed to the
position of Deputy Director shall end on the date on which the
term of the Director appointing the Deputy Director ends.
``(3) Continuation in office.--An individual serving in the
position of Deputy Director at the end of the term of the
individual as Deputy Director may continue to serve until a
successor is appointed.
``Sec. 799A-3. Purposes
``The purpose of the Office is to provide to Congress, the
executive branch, the States, and the public--
``(1) data and analysis in a timely manner regarding the
effect that proposed Federal legislation, proposed regulations,
and proposed guidance would have on individuals with
disabilities, their families, and those who support individuals
with disabilities by providing services;
``(2) data and analysis on a regular basis regarding the
effect of legislation, regulations, and guidance that are in
effect on individuals with disabilities, their families, and
those who support individuals with disabilities by providing
services; and
``(3) analysis of how proposed Federal legislation,
proposed regulations, and proposed guidance will align with
disability policy in effect.
``Sec. 799A-4. Duties and functions
``(a) In General.--Upon request by a member of the Committee on the
Budget, the Committee on Finance, the Committee on Health, Education,
Labor and Pensions, or the Committee on the Judiciary of the Senate or
the Committee on the Budget, the Committee on Ways and Means, the
Committee on Education and the Workforce, the Committee on Energy and
Commerce, or the Committee on the Judiciary of the House of
Representatives, the Office will provide information to assist the
committee related to the effect on individuals with disabilities, their
families, and those who support individuals with disabilities by
providing services of--
``(1) bills amending or affecting the supplemental security
income program under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.), the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), the Medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the Federal old-age, survivors, and
disability insurance benefits program under title II of the
Social Security Act (42 U.S.C. 401 et seq.), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or any
other law affecting individuals with disabilities or disability
policy;
``(2) bills related to entitlements and taxes;
``(3) regulations proposed by the executive branch; and
``(4) legislation, regulations, or guidance from Congress,
the executive branch, or decisions made by the Federal courts,
including the Supreme Court of the United States.
``(b) Other Requests.--Upon request by any Senator or Member of the
House of Representatives, the Office shall provide information related
to the effect on individuals with disabilities, their families, and
those who support individuals with disabilities by providing services
of--
``(1) bills amending or affecting the Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the
Federal old-age, survivors, and disability insurance benefits
program under title II of the Social Security Act (42 U.S.C.
401 et seq.), or any other law affecting individuals with
disabilities or disability policy;
``(2) bills related to entitlements and taxes;
``(3) regulations proposed by the executive branch; and
``(4) legislation, regulations, or guidance from Congress,
the executive branch, or decisions made by the Federal courts,
including the Supreme Court of the United States.
``(c) Scope.--The Director may analyze and report on any
legislation, regulation, or guidance the Director determines
appropriate to meet the purposes described in section 799A-3.
``(d) Collaboration.--When appropriate, the Office will collaborate
with the National Council on Disabilities in conducting analyses and
preparing reports under this section.
``(e) Prioritizing and Responding to Requests.--
``(1) In general.--For any legislation or regulation
described in subsection (a), (b), or (c), an analysis and
report relating to the legislation or regulation by the Office
should be made available before a vote on the legislation or
the closing of public comment on regulations, respectively.
``(2) Priority.--The Office shall--
``(A) give priority to responding to a request from
the Chairman or Ranking Minority Member of a committee
described in subsection (a);
``(B) give priority in analysing legislation based
on the likelihood that a committee described in
subsection (a) will consider the legislation;
``(C) provide an initial report and analysis not
later than 3 business days after the date of a request;
``(D) provide the full report and analysis of the
Office not later than 10 business days after the date
of a request;
``(E) to the extent practicable, provide a full
report and analysis of legislation before a committee
of the Senate or the House of Representatives votes on
the legislation; and
``(F) otherwise prioritize analyses and reporting
on all other legislation, regulations, and guidance in
accordance with such criteria as the Director shall
establish.
``(f) Annual Report.--The Office shall submit to the Committee on
the Budget, the Committee on Finance, the Committee on Health,
Education, Labor, and Pensions, and the Committee on the Judiciary of
the Senate and the Committee on the Budget, the Committee on Ways and
Means, the Committee on Education and the Workforce, the Committee on
Energy and Commerce, and the Committee on the Judiciary of the House of
Representatives an annual report on the bills enacted into law, bills
introduced, and regulation and guidance promulgated or proposed by the
executive branch that will affect individuals with disabilities, their
families, and those who support individuals with disabilities by
providing services.
``(g) Access to Information.--
``(1) In general.--For purposes of conducting any analysis
or preparing any report under this section, upon request by the
Office, the head of a Federal agency shall provide the Office
with information and data.
``(2) Personally identifiable information.--The Office
shall not include personally identifiable information in any
report under this section.
``(h) Report Contents and Distribution.--Each analysis or report
under this section shall--
``(1) when possible and appropriate, use geospatial
standards, as defined by the Federal Geographic Data Committee;
``(2) be prepared using plain language;
``(3) address issues at the national level and, to the
extent possible, at the State level; and
``(4) be made publicly available, along with the
information and data used to prepare the analysis or report,
except to the extent--
``(A) the information or data is specifically
exempted from public disclosure by law; or
``(B) the Director determines that disclosure of
the information or data would reveal personnel or
medical data, or data of which would constitute an
unwarranted invasion of personal privacy.
``Sec. 799A-5. Appropriations
``(a) Authorization.--There are authorized to be appropriated to
the Office for each fiscal year such sums as may be necessary to enable
it to carry out this subchapter.
``(b) Interim Funding.--
``(1) In general.--During the period described in paragraph
(2), amounts in the contingent fund of the Senate and the
allowances and expenses account of the House of Representatives
shall be available for the expenses of the Office.
``(2) Period.--The period described in this paragraph is
the period--
``(A) beginning on the date of enactment of this
subchapter; and
``(B) ending on the earlier of--
``(i) the date on which amounts are first
made available under an appropriation Act to
carry out this subchapter; or
``(ii) the date that is 1 year after the
date of enactment of this subchapter.''.
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