[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3261 Introduced in Senate (IS)]

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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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