[Congressional Record Volume 158, Number 149 (Tuesday, November 27, 2012)]
[Senate]
[Pages S6923-S6929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


         CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

  The PRESIDING OFFICER. The clerk will report the treaty.
  The legislative clerk read as follows:

       Treaty Document No. 112-7, Convention on the Rights of 
     Persons with Disabilities.

  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, Senators Kerry and Lugar are managing this 
most important treaty. We are now in executive session. We are going to 
take a couple of hours to see who wants to offer amendments. Senator 
Lugar, Senator Kerry or their staffs should be contacted to indicate 
what, if any, amendments they wish to offer. So that being the case, we 
hope that by, let's say 5 o'clock, we will have an idea what the 
universe of amendments, if any, would be.
  I ask unanimous consent that there be a period of debate only on the 
treaty until 5 p.m. today, with that time equally divided and 
controlled between the proponents and opponents, and that time actually 
be controlled by Senators Kerry and Lugar, and that I be recognized at 
5 o'clock.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Massachusetts.
  Mr. KERRY. Mr. President, let me just reiterate--I think Senator 
Barrasso is here and Senator Lee, and others; Senator Kyl is also 
here--we look forward to working over the course of the next few hours 
with our colleagues to try to come to some understanding of the 
amendments here.
  One of the things that we promised--and Senator Reid has altered his 
approach to this in order to try to accommodate our colleagues--is to 
make certain we are not closing people out and there is no effort to 
try to limit the debate.
  I do think, by virtue of the work done in committee and otherwise, 
there is a limit to where we need to go in terms of amendments. So I am 
perfectly happy--together with Senator Lugar--to work with our 
colleagues with respect to a reservation or an understanding or a 
declaration that they believe needs to be tweaked. We will see what we 
can do with respect to the number of amendments we want to bring.
  Let me just say to my colleagues that this treaty should not be 
controversial. Senator Robert Dole, President George H.W. Bush, former 
Republican Attorney General Richard Thornburg, and current colleagues 
Senator Barrasso, Senator Moran, and others have all supported and 
believe we ought to move forward with this treaty in a bipartisan 
manner.
  I would say to my colleagues that in the wake of the election, this 
is the first legislative effort we are making on the floor of the 
Senate. It would be my hope that we could reflect that we heard the 
American people, who asked us to do their business and to not fall into 
the pattern of partisan divide, of gridlock that has so characterized 
the Senate over the course of the last few years. This is our 
opportunity to prove that the exceptionalism we are all proud to talk 
about with respect to our country is defined by our doing exceptional 
work.
  This is an opportunity to do that. We have an opportunity to rise 
with common purpose and make a difference, not just here in the United 
States, frankly, but most predominately make a difference in the rest 
of the world as to how people with disabilities are treated. I believe 
the Convention on the Rights of Persons with Disabilities is an 
opportunity for us to embrace the truth in legislating and to separate 
ourselves from ideological and/or partisan efforts to distort that 
truth or to prevent, actually, an alternative reality, which is what 
happens in some cases.
  Our colleagues, I am told, want to approach this in good faith. We 
welcome that. We look forward to sitting down with them, working 
through what amendments we think we should vote on, and perhaps we can 
even work together to tweak one of the understandings or declarations 
in an appropriate way. We would like to make progress. I believe we can 
get this done. It will be a good moment for the Senate when we do.
  I know we have not always agreed on all the issues and certainly not 
even with respect to this treaty. What I ask of my colleagues is this: 
Those who oppose this or who are inclined to oppose it, I would say 
step back and take a look at this treaty and measure the report 
language, the report the committee put out, and measure the transmittal 
letter of the President of the United States and the Secretary of 
State, and what they have said to the Senate is really at stake in this 
treaty.
  I ask my colleagues before they come to the floor to carefully check 
the factual foundation of this treaty because we have continually heard 
some outside groups characterizing it in ways that simply do not meet 
the facts, that do not withstand scrutiny when measured against the law 
of the United States or international law or the law of the States. 
This treaty does not require any change whatsoever to American law. 
None. Zero. There is no impact on American law. There is no ability in 
this treaty for anybody to gain some new right here in the United 
States. No individual, American or foreign, gains any access to the 
courts in an effort to litigate some component of this treaty because 
the treaty specifically denies people any access to the courts. It is 
what is called--it is not self-executing. As a consequence of not being 
self-executing, it gives no right to any litigation.
  So the obvious question from somebody might be, well, why do we want 
to do it then? What is the benefit to us? The benefit is very 
significant in terms of our diplomacy, in terms of the rights of 
Americans when they travel abroad, Americans with disabilities.
  Now, our bottom line--I think our shared bottom line--Senator Lugar, 
Senator McCain, Senator Barrasso, Senator Moran, and others who support 
this treaty believe this will extend the protections to millions of 
disabled Americans when they leave our shores.
  I thank Majority Leader Reid for being willing to bring this treaty 
to the floor at this moment in time when there is obviously a lot on 
Senators' minds, a lot of business before the Senate. But I believe 
this treaty will be deemed to have the requisite votes ultimately to 
show that this is, in fact, in the best interests of our country.

[[Page S6924]]

  This treaty has been described as a modest treaty, but the impact of 
Senate ratification is actually far from modest. The impact will echo 
around the world. Why? Because the United States of America is the 
world's gold standard with respect to the treatment of people with 
disabilities.
  This has been a long journey for us in the United States. We have 
gone through many different steps leading ultimately to the Americans 
with Disabilities Act, of which we celebrated the 20th anniversary. Our 
own colleague, Senator Tom Harkin from Iowa, was the leader on that 
landmark piece of legislation, together with my former colleague 
Senator Ted Kennedy. They moved this country forward in great steps so 
that we welcomed people with disabilities into mainstream America.
  The impact of this treaty is to take that gold standard and extend it 
to countries that have never heard of disability rights or that have 
never changed their laws to accommodate people with disabilities. This 
will have a profound impact. Most significantly, it will have a 
profound impact on those who have served our country, those 5.5 million 
disabled American veterans who may want to travel abroad, work abroad, 
go to another country to study, who will as a result of this gain 
lifestyle benefits and accommodations they otherwise might never have.
  Now, 125 nations have already signed this treaty and are living by 
it. We have not. We were the principal architect. Our laws are the 
model. But once again the United States has been holding back while 
other countries fill the vacuum we have left behind.
  I wish to share with my colleagues a statement by Senator Bob Dole, 
who was as deeply committed to this cause as Senator Ted Kennedy, and 
he was committed to the original Americans with Disabilities Act. 
Senator Dole today, as we know, is in Bethesda Hospital. I do not know 
if he is listening at this time. I met with him not so many months ago. 
We talked about this and other issues. He is a great patriot. He was a 
great leader here in the Senate. I think his words ought to be listened 
to by our colleagues. Here is what he says:

       It was an exceptional group that I joined during World War 
     II, which no one joins by personal choice. It is a group that 
     neither respects nor discriminates by age, sex, wealth, 
     education, skin color, religious beliefs, political party, 
     power or prestige. That group, Americans with disabilities, 
     has grown in size ever since. So, therefore, has the 
     importance of maintaining access for people with disabilities 
     to mainstream American life, whether it's access to a job, or 
     education, or registering to vote.

  Senator Dole went on to say:

       U.S. ratification of the [Convention on the Rights of 
     Persons with Disabilities] will improve physical, 
     technological and communication access outside the U.S., 
     thereby helping to ensure that Americans--particularly, many 
     thousands of disabled American veterans--have equal 
     opportunities to live, work, and travel abroad.

  In testimony before the Foreign Relations Committee this year, 
Special Adviser for International Disability Rights at the State 
Department Judith Heumann recounted in personal and searing terms why 
this issue is so important. She drew from the experience of her own 
life.

       . . . As a child, I did not have the benefit of accessible 
     communities, inclusive schools, or accessible transportation. 
     Without even simple curb cuts, I wheeled in the streets 
     amongst oncoming traffic. I could not ride our buses and 
     trains. I was not allowed to go to school until I was 9 years 
     old, and then received poor quality education, segregated 
     from the rest of my peers. When I applied for my first job as 
     a teacher, I was initially denied my certification simply 
     because I could not walk.

  Today she is advocating on behalf of the State Department for this 
treaty. She summed up her interests in this compelling way. She said:

       U.S. citizens with disabilities frequently face barriers 
     when they travel, conduct business, study, serve, reside or 
     retire overseas. With our extensive domestic experience in 
     promoting equality and inclusion of persons with 
     disabilities, the United States is uniquely positioned to 
     help interested countries understand how to effectively 
     comply with their obligations under the Convention . . . 
     However, the fact that we have yet to ratify the Disabilities 
     Convention is frequently raised by foreign officials, and 
     deflects from what should be center stage: how their own 
     record of promoting disability rights could be improved.

  She goes on to say:

       Though I take great pride in the U.S. record, it is frankly 
     difficult to make best use of the `bully pulpit' to challenge 
     disabilities rights violations on behalf of Americans with 
     disabilities and others when we have not ratified the 
     Convention.

  America's history--all of its history--has been marked by the long 
struggle for equality. It is a struggle that ought to inspire all of us 
to fight on behalf of many others whose voices too often are ignored or 
forgotten. Maybe the movie about Lincoln today would really rekindle in 
a lot of Americans that best sense of what is worth fighting for and 
what is worth achieving in public life.
  For me, that vision of fighting for those people whose views are 
ignored or forgotten means having and holding on to a vision of a 
society that really works for the common good, where individual rights 
and freedoms are connected to our responsibilities to each other. All 
Americans have an inherent right to be treated as equal citizens of our 
Nation. But the historic march toward a better, fairer America can only 
come about if we are willing to make those less fortunate than 
ourselves the focus of our work. And this is a march that goes on for 
all of us, and it must go on because without it nothing changes.
  One thing is clear: The disabilities convention is not an issue that 
pits Republicans against Democrats--Senator Lugar is here, Senator 
McCain, and others--nor is it an issue that should divide us along any 
partisan lines. The Foreign Relations Committee approved this treaty in 
a strong bipartisan vote on July 26, and that marked the 22nd 
anniversary of the landmark Americans with Disabilities Act.
  I am grateful to the majority leader, former Majority Leader Dole, 
and to President George Herbert Walker Bush, who joined a bipartisan 
group of Senators, whose names I have listed, in advocating for this 
important cause. I think our former colleague Senator Kennedy would be 
very proud if he could see us coming together today in support of a 
convention just as we did two decades ago with the ADA.
  This treaty is personal to many Members here, to Senator Durbin, to 
Senator Harkin, to Senator Lugar, and others. Members from both sides 
of the aisle have worked hard to bring us to the floor today. I believe 
the questions have been answered. I think the report and the Record 
could not be more clear. The only question that remains is whether we 
are going to be remembered for approving the Disabilities Convention 
and reconnecting with our best traditions or finding an excuse to delay 
and defy our core responsibility as Senators.
  I have received countless letters and heard from nearly 300 
organizations on this issue. There is a long list--and I am not going 
to read all through those 300--every single major military organization 
supports this treaty; the Air Force Sergeants Association, the Air 
Force Women Officers Association, the American GI Forum, the Blinded 
Veterans Association, the Division for Early Childhood of the Council 
for Exceptional Children Disabled American Veterans, the Military 
Officers Association of America, the National Guard Association of the 
United States, the National Military Family Association, Paralyzed 
Veterans of America, and then a long list, Veterans for Common Sense, 
Veterans of Foreign Wars, Veterans of Modern Warfare, Vietnam Veterans 
of America, countless other faith-based associations, the Methodist 
General Board of Church and Society, the United Church of Christ. You 
could run through a huge number of faith-based organizations, a huge 
number of human rights and rights organizations from all over our 
country. I urge Senators to check with the rights organizations and 
others in their own States. Almost every State in the Union--the 
Kentucky Protection and Advocacy Association, the Michigan Protection 
and Advocacy Services. You could run a long list of people who believe 
the time has come.
  I would ask unanimous consent that the full list of these supporters 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                           USICD Support List

       Ability Chicago.
       Access Alaska Inc.
       Access Living.
       Access, Inc.

[[Page S6925]]

       ACCSES.
       Actionplay.
       ADAPT Delawarenb.
       Alliance Center for Independence.
       American Academy of Child and Adolescent Psychiatry.
       Advocating 4 Kids LLC.
       American Academy of Pediatrics.
       American Association for Geriatric Psychiatry.
       American Association on Health and Disability.
       American Association on Intellectual and Developmental 
     Disabilities.
       American Association of People with Disabilities.
       American Association for Psychosocial Rehabilitation.
       American Civil Liberties Union.
       American Council of the Blind.
       American Counseling Association.
       American Dance Therapy Association.
       Anti-Defamation League.
       American Diabetes Association.
       American Foundation for the Blind.
       American Foundation for Suicide Prevention.
       American Group Psychotherapy Association.
       American Mental Health Counselors Association.
       American Music Therapy Association.
       American Network of Community Options and Resources.
       American Speech-Language-Hearing Association.
       American Therapeutic Recreation Association.
       amfAR, the Foundation for AIDS Research.
       APSE.
       ARC Gateway, Inc.
       Arc Northland.
       Arc of Lucas county.
       Arizona Bridge to Independent Living (ABIL).
       Association for Assistive Technology Act Programs.
       Association of Jewish Family & Children's Agencies.
       Association of Programs for Rural Independent Living.
       Association of University Centers on Disabilities (AUCD).
       Association on Higher Education & Disability.
       Attention Deficit Disorder Association.
       Auditory Sciences.
       Autism National Committee.
       Autistic Self Advocacy Network.
       Autism Speaks.
       Bay Area People First.
       Bay Cove Human Services, Inc.
       Bazelon Center for Mental Health Law.
       Bender Consulting Services, Inc.
       Best Buddies International, Inc.
       BlazeSports America.
       BlueLaw International.
       Boston Center for Independent Living.
       Brain Injury Association of America.
       Bridge II Sports.
       Bridgewell.
       Burton Blatt Institute at Syracuse University.
       California Association of the Deaf--Riverside Chapter.
       CA State Council on Developmental Disabilities, Area Board 
     5.
       California Foundation for Independent Living Centers.
       California State Council on Developmental Disabilities.
       Californians for Disability Rights, Inc.
       CBM.
       Center for Disability Rights.
       Center for Independent Living of South Florida, Inc.
       Center for Leadership in Disability.
       Center on Disability and Community Inclusion.
       Challenged Conquistadors, Inc.
       Check and Connect Program--Central Lakes College.
       Citizens for Patient Safety.
       Community Access Project Somerville.
       Community Access Unlimited.
       Community Alliance for the Ethical Treatment of Youth.
       Community Resources for Independent Living.
       Conference of Educational Administrators of Schools and 
     Programs for the Deaf Council of Parent Attorneys and 
     Advocates.
       Consortium for Citizens with Disabilities.
       Consumer Advisory Committee.
       Council for Exceptional Children.
       Council of State Administrators of Vocational 
     Rehabilitation.
       CUNY Coalition for Students with Disabilities.
       Daniel Jordan Fiddle Foundation.
       DAWN Center for Independent Living.
       Deaf and Hard of Hearing Alliance.
       Deaf Education And Families Project.
       Delaware Developmental Disabilities Council.
       Delaware Family Voices.
       Depression and Bipolar Support Alliance.
       Developmental Disabilities Institute, Wayne State 
     University.
       Disability Connection/West Michigan.
       Disability Help Center.
       Disability Law Center.
       disABILITY LINK.
       Disability Partners.
       disABILITY Resource Center.
       Disability Rights Coalition.
       Disability Rights Education and Defense Fund.
       Disability Rights Fund.
       Disability Rights International.
       Disability Rights Legal Center.
       disAbility Solutions for Independent Living.
       Disabled In Action of Metropolitan NYC.
       Disabled Rights Action Committee.
       Disabled Sports USA.
       Division for Early Childhood of the Council for Exceptional 
     Children.
       Down Syndrome Association of Snohomish County.
       Down Syndrome Association of West Michigan.
       Dream Ahead the Empowerment Initiative.
       Dynamic Independence.
       East Texas Center for Independent Living.
       Easter Seals.
       ED101 Inc.
       Equal Rights for Persons with Disabilities International, 
     Inc.
       Employment & Community Options.
       Epilepsy Foundation.
       Family Voices.
       Fearless Nation PTSD Support.
       Federal Employees with Disabilities (FEDs).
       FESTAC-USA (Festival of African Arts and Culture).
       FHI n360.
       Fiesta Christian foundation Inc.
       504 Democratic Club.
       Foundations For Change, PC.
       Four Freedoms Forum.
       Fox River Industries.
       FREED Center for Independent Living.
       Friedman Place.
       G3ict.
       Gallaudet University.
       GlobalPartnersUnited.
       Goodwill Industries International.
       Greater Haverhill Newburyport.
       Handicap International.
       HEAL.
       Hearing Loss Association of America.
       Hearing Loss Association of Los Angeles.
       Hesperian Health Guides.
       Higher Education Consortium for Special Education.
       Human Rights Watch.
       IDEA Infant Toddler Coordinators Association.
       Independent Living, Inc.
       Independent Living Center of the Hudson Valley, Inc.
       Independent Living Center of the North Shore & Cape Ann, 
     Inc.
       Institute for Community Inclusion: U. MA Boston.
       Institute for Human Centered Design.
       Institute on Human Development and Disability.
       Institute on Disability and Public Policy (IDPP).
       Inter-American Institute on Disability.
       International Ventilator Users Network.
       Iowa Statewide Independent Living Council (SILC).
       Johnson County Board of Services.
       Joint National Association of Persons with Disabilities.
       Just Advocacy of Mississippi.
       KEY Consumer Organization, Inc.
       KIDZCARE School.
       L.E.A.N. On Us.
       Lakeshore Foundation.
       Lakeside Curative Systems, Inc.
       LINC.
       Little People of America.
       Living Independence For Everyone (LIFE) of Mississippi.
       Long Island Center for Independent Living, Inc. (LICIL).
       Loudon ENDependence.
       Mainstay Solutions LLC.
       Maryland Disability Law Center.
       Massachusetts Down Syndrome Congress.
       Massachusetts Families Organizing for Change.
       Medical Whistleblower Advocacy Network.
       Medicol Inc.
       Mental Health Action.
       Mental Health America.
       MI Developmental Disabilities Council.
       MindFreedom International.
       Mobility International USA.
       Montana Independent Living Project.
       Multiethnic Advocates for Cultural Competence, Inc.
       National Alliance on Mental Illness.
       National Association for Children's Behavioral Health.
       National Association of Councils on Developmental 
     Disabilities.
       National Association of County Behavioral Health and 
     Developmental Disability Directors.
       National Association of Law Students with Disabilities 
     (NALSWD).
       National Association of School Psychologists.
       National Association of Social Workers.
       National Association of State Directors of Developmental 
     Disabilities Services.
       National Association of State Directors of Special 
     Education.
       National Association of State Head Injury Administrators.
       National Association of State Mental Health Program 
     Directors.
       National Association of States United for Aging and 
     Disabilities.
       National Association of the Deaf.
       National Black Deaf Advocates, Inc.
       National Center for Environmental Health Strategies.
       National Center for Learning Disabilities.
       National Coalition for Mental Health Recovery.
       National Council on Independent Living.
       National Council for Community Behavioral Healthcare.
       National Disability Rights Network.
       National Down Syndrome Congress.
       National Down Syndrome Society.

[[Page S6926]]

       National Dysautonomia Research Foundation.
       National Federation of the Blind.
       National Federation of Families for Children's Mental 
     Health.
       National Health Law Program.
       National Minority AIDS Council.
       National MS Society--Ohio Chapters.
       National MS Society, Pacific South Coast Chapter.
       National Multiple Sclerosis Society.
       National Multiple Sclerosis Society, National Capital 
     Chapter.
       National Rehabilitation Association.
       New York State Independent Living Council.
       Next Step.
       NHMH--No Health without Mental Health.
       Noble County ARC, Inc.
       Northeast Arc.
       Not Dead Yet.
       Ohio Association of County Boards Serving People with 
     Developmental Disabilities.
       Ohio Statewide Independent Living Council.
       Ohio Valley Goodwill Industries.
       Oklahoma Association of Centers for Independent Living.
       Optimal Beginnings, LLC.
       Osteogenesis Imperfecta Foundation.
       PA Mental Health Consumers' Association.
       Paralyzed Veterans of America.
       Parent to Parent of NYS.
       Parent to Parent USA.
       Peer Assistance Services, Inc.
       Peppermint Ridge.
       Perkins.
       PhilanthropyNow.
       Pineda Foundation for Youth.
       Polio Survivors Association.
       PPI.
       Purity Care Investments.
       PXE International.
       Raising Special Kids.
       REACH Resource Centers On Independent Living.
       Recovery Empowerment Network.
       Rehabilitation International.
       RESNA.
       Rolling Start Inc.
       Rose F. Kennedy University Center for Excellence in 
     Developmental Disabilities.
       Sandhills Post-Polio Health Group.
       Schizophrenia and Related Disorders Alliance of America.
       School Social Work Association of America.
       Self Advocacy Council of Northern Illinois.
       Sindh Disabled Development Society.
       SoCal APSE.
       Social Assistance and Rehabilitation for the Physically 
     Vulnerable (SARPV).
       Socio Economic Development Alliance (SEDA).
       Southeast Alaska Independent Living.
       SPEAK Consulting LLC.
       Special Needs Advocacy Network.
       Special Olympics.
       Spina Bifida Association.
       Statewide Independent Living Council.
       TASH.
       Team of Advocates for Special Kids (TASK).
       Teacher Education Division of the Council for Exceptional 
     Children.
       Tennessee Disability Coalition.
       Tri-State Downs Syndrome Society.
       The Ability Center of Greater Toledo.
       The Arc-Jefferson, Clear Creek & Gilpin Counties.
       The Arc Arapahoe & Douglas.
       The Arc California.
       The Arc Cedar Valley.
       The Arc Michigan.
       The Arc Noble County Foundation.
       The Arc of Bristol County.
       The Arc of Colorado.
       The Arc of Dickinson.
       The Arc of Fort Bend County.
       The Arc of Greater Pittsburgh.
       The Arc of Illinois.
       The Arc of Iowa.
       The Arc of Massachusetts.
       The Arc of Northern Virginia.
       The Arc of Opportunity in North Central Massachusetts.
       The Arc of the US.
       The Arc of Virginia.
       The Arc of Toombs County.
       The Arc Western Wayne.
       The California Institute for Mental Health.
       The Center for Rights of Parents with Disabilities.
       The Jewish Federations of North America.
       The Joseph P. Kennedy, Jr. Foundation.
       The National Council on Independent Living.
       The National Center of The Blind Illinois.
       The Starkloff Disability Institute.
       Three Rivers Center for Independent Living.
       Topeka Independent Living Resource Center.
       Touchpoint Group, LLC.
       Tourette Syndrome Association.
       Treatment Communities of America.
       Tri Count4y ILC.
       Tri-County Association of the Deaf, Inc.
       Twin Ports Post Polio Network.
       United Cerebral Palsy.
       United Spinal Association.
       U.S. Business Leadership Network.
       U.S. International Council on Disabilities.
       Utah Assistive Technology Foundation.
       Vermont Center for Independent Living.
       Vermont Family Network.
       Voices of the Heart Inc.
       Whirlwind Wheelchair International.
       Women's Refugee Commission.
       WORK, Inc.
       World Institute on Disability.
       Wyoming Institute for Disabilities.

  Mr. KERRY. Mr. President, across the developing world, persons with 
disabilities face remarkable indignities and prejudice on a daily 
basis. They are prevented from attending schools, they are subject to 
discriminatory hiring practices, they are often unable to enter a 
public building, unable to safely cross a street, unable to even ride a 
public bus. There are an estimated 650 million people in the world 
today who live with a disability. Some 36 million of our fellow 
Americans are disabled, and veterans are filing disability claims at an 
unprecedented level. There is a challenge in these statistics, and it 
is a challenge to the decency and humanity of every Member of the 
Senate.
  When a disabled child in a developing country is killed at birth 
because of their disability, that is a challenge to every single one of 
us, as Americans and as citizens of the world.
  When a pervasive cultural stereotype forces disabled people to 
abandon their dreams and toil away in crushing poverty, it should 
offend the sensibilities of everybody in the Senate, and we have a 
chance to do something about that. When our wounded warriors are 
prevented from living, working, studying, or traveling abroad because 
of a lack of basic physical access, that violates our sacred oath.
  I urge my colleagues to go to the report and read the testimony of 
people who have talked about how things have changed in certain 
countries because countries signed on to this treaty to try to reach 
the American gold standard. Each of these episodes that denies people 
those opportunities takes a little piece of our humanity.
  I think our identity, I think our exceptionalism is personally on the 
line in this vote. I know some have said we don't need this treaty. 
Some have even argued it requires a change in law when it doesn't 
require any change in the law.
  To paraphrase Senator Moynihan, who reminded us often, everybody is 
entitled to his or her opinion, but you are not entitled to your own 
facts, I simply say to my colleagues, there are basic facts with 
respect to this treaty, and we will argue them over the course of the 
next hour and perhaps days.
  I want to share the most important facts right upfront. I said this 
earlier, and I am going to repeat it. This treaty--I hope we won't hear 
this debate on the floor of the Senate, because the text, the legal and 
documentary text of the report language and the treaty and the 
transmittal language and the interpretations of the Justice Department 
all make it clear, this treaty does not require any change in American 
law. None. Testimony from everybody, including former Republican 
Attorney General Thornburgh, makes that clear.
  In addition to that, to make certain we address the concerns of our 
colleagues so that we reinforce that notion, the Foreign Relations 
Committee included additional, multiple reservations, understandings, 
and declarations in the resolution of advice and consent, including one 
that ensures that the treaty cannot be relied on as a cause of action 
in State or Federal courts. When we ratify this, we will ratify it with 
a clear understanding that there is no right of action in America's 
State or Federal courts.
  We have also heard the argument that the convention could somehow 
change U.S. domestic law with respect to abortion. Again, let me make 
it as clear as I know how: This is absolutely, positively, factually 
inaccurate. The convention does not mandate or prohibit any particular 
medical procedure, heart surgery, brain surgery, abortion, or anything 
else, and we made that crystal clear in the understandings of 
ratification.
  What it does require is something very simple. It requires that 
governments do not discriminate against the disabled in anything that 
they do allow or prohibit. If you allow a procedure, you must allow it 
for the disabled and the nondisabled alike. If you prohibit a 
procedure, you must prohibit it for the disabled and the nondisabled 
alike. That is all this treaty does, but it is powerful and critical to 
those millions of people who are discriminated against otherwise. The 
Foreign Relations Committee included language in the resolution of 
advice and consent to clarify what I just said.
  Some have also tried to make the argument that the disabilities 
committee

[[Page S6927]]

created by this treaty--there is a committee that is created--is 
somehow going to intrude on the lives of Americans. Again, our good 
President John Adams once said that facts are stubborn things. Well, 
they are stubborn, they don't go away. The facts are that this treaty, 
in this committee that it creates, has no power, except to make a 
report to put people on notice so they can then consider what they 
might want to do. It doesn't require any action, it doesn't compel any 
action, it has no authority to do so. It simply sheds the light of day 
on what may or may not be happening somewhere so people can then nudge 
and push and jawbone and use the pressure of public scrutiny to 
hopefully change behavior.
  By terms of the treaty, this committee has exceedingly limited 
powers. It can simply accept and review a country report and make a 
recommendation. That is it--that recommendation--nothing else.

  The fact is, here in the United States we are blessed because we 
already live up to the principles of this treaty. Our laws, including 
the ADA, are more than sufficient to compel compliance with this treaty 
from day one. That is why nothing is going to change here at home 
except for those people with disabilities who can turn to their family 
and say, you know, I can go take that job over here or I can travel 
over there or I could go study over there, because the standards are 
going to rise and people will be able to do that.
  For decades, I am proud to say, the world has looked to the United 
States as a leader on disability rights, and it is hard to believe that 
actually some people are now beginning to question our resolve on 
something that we were the leader on. That is disappointing, I think, 
to everybody who has been affiliated with this effort over the years.
  Let me quote John Lancaster. John is a disabled Vietnam veteran who 
testified in support of this treaty and who challenged us all to do the 
right thing. His words are stark and simple. He said:

       As someone who volunteered and laid my life on the line for 
     freedom, rights, dignity . . . now to have this whole debate 
     that we're not willing to espouse [the Disabilities 
     Convention] to the rest of the world? That we're not willing 
     to walk the talk in international circles? To step up to the 
     forum and advocate . . . We aspire to what's in this 
     Convention. That is what we are about as a nation: including 
     people, giving them freedom, giving them rights, giving them 
     the opportunity to work, to learn, to participate. Isn't that 
     what we are about? Isn't that what we want the rest of the 
     world to be about? Well, if we aren't willing to say that is 
     a good thing and to say it formally, what are we about?

  That is a powerful statement from a man who served his country.
  The Convention on the Rights of Persons with Disabilities is more 
than a piece of paper. It is not an empty promise. It is a reflection 
of our values as a nation. It is a lever, it is an inspiration, it is a 
diplomatic tool. It creates the ability to change life for people in 
many other countries, and that is what America is about.
  John Lancaster closed out his testimony saying:

       From a veteran perspective, I think we have much to gain 
     from the improved accessibility of the world. Today some 
     disabled soldiers and Marines remain on active duty in spite 
     of their disability, continuing to serve their country. These 
     servicemembers should be afforded the same rights outside the 
     United States as they enjoy here. For a disabled veteran 
     working abroad, the adoption of disability rights and 
     implementation of disability laws allows them to do their 
     jobs more effectively and reaffirms what they served for: 
     liberty and the opportunity to participate.

  He closed by saying we have a moral obligation to one another to 
serve our great country and to show what we represent to all mankind.
  When he returned from Vietnam, John struggled for years with 
environmental obstacles, employment discrimination. I think we owe it 
to him and to millions of Americans facing a similar plight today to 
fulfill our constitutional responsibilities and get the job done.
  When George H.W. Bush signed the Americans with Disabilities Act into 
law, he did so with the hope that it was going to foster full and equal 
access to civic, economic, and social life for people with disabilities 
in America. Senator Kennedy, who played an important role, said, ``This 
act has the potential to become one of the great civil rights laws of 
our generation . . . It is a bill of rights for the disabled, and 
America will be a better and fairer nation because of it.''
  That was the spirit that animated the passage of the ADA, and it is 
the same spirit that has inspired a bipartisan group of Senators to 
work tirelessly to pass this convention.
  For far too long persons with disabilities have been left in the 
shadows or left to fend for themselves. We must resolve again as 
Senators and as citizens to fight for our principles. It isn't a 
question of time. It is a question of priorities--a question of 
willpower, not capacity. This treaty reflects our highest ideals as a 
nation, and now is the time to act.
  In closing, I say to colleagues: When there is an opportunity for 
change, America must be there to help--to keep faith, and to use our 
voice to support those who are striving for reform.
  This really is one of those moments the Senate was intended to live 
up to--and it demands leadership and a willingness to find the common 
ground.
  If discrimination against persons with disabilities is to stop--and 
it must--then we must stop it. We all know that restoring the full 
measure of rights to persons with disabilities is not just a lofty 
goal. It's a core value here at home and an imperative abroad. But it 
is not enough to know how things ought to be. Our job is to ask how we 
can make them so.
  After all, if the American people said anything in this election 
year, it is that Members of Congress need to work not just on their 
side but side by side. It is the only way we can fully complete our 
constitutional duties. It is the only way--in a divided country, at a 
time of heightened partisan tensions--that ideology will yield to 
common sense. And it is the only way that we will approve the 
disabilities convention and live out the truth behind those timeless 
and inimitable words: that all of us are created equal.
  I yield to the Senator from Indiana.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, the chairman of our committee, the 
distinguished Senator from Massachusetts, has expressed the case well 
and strongly. Let me say in simplicity that as we enjoyed hearing of 
the rights of persons with disabilities, we have learned that 
essentially the United States has an opportunity for leadership for an 
expression of our idealism with regard to the care and treatment and 
concern for disabled persons in our country and the world.
  If we ratify this treaty, we will join with other nations who meet 
annually and will receive every 4 years reports from the various 
countries that are involved as to the progress they have made. They 
compare notes. They learn really how the disabled are treated. Our 
belief is that we are the gold standard and that there are many 
countries that would like to know technically how people are treated in 
the United States and what sort of investment would be required in 
those countries.

  Having said that, we should also say, very frankly, that the 
committee or this governing aspect has no ability whatsoever to create 
law--either State, local, or Federal--in the United States of America 
or to compel Americans to do anything, literally. So we have an 
opportunity to be advocates of our idealism, and we have an opportunity 
to listen to others and perhaps to gain new insight in this body about 
how, along with our fellows in the House, to proceed. I think that is 
very important.
  Now, having said all that, I would say that likewise the committee 
did understand there are considerable anxieties in our country about 
this situation. I would say it is conceivable the debate we have today 
will illustrate that some Members of our body have valid concerns about 
the convention. I think it is clear that we will cite again and again 
our domestic legislation, such as the ADA and the IDEA, which 
constitutes the most comprehensive and effective standards to advance 
the rights and provide equal opportunities for individuals with 
disabilities.
  One of the arguments by the administration in support of Senate 
ratification is that by becoming a member we will be able to increase 
our global credibility. It is argued this increased credibility with 
other countries will be beneficial in exporting and promoting

[[Page S6928]]

standards. The executive branch also argued that when officials have 
bilateral conversations advising other governments about improving 
standards for their disabled citizens, officials often question why the 
United States is not a party now to the convention. Opponents of the 
convention have argued we should only accede to the convention if it 
advances the national interest of the United States, especially in an 
area where the United States is a global leader.
  There have been questions raised regarding the binding nature of the 
convention. The response has been that the convention is nonbinding, 
and the committee formed by the treaty has no compulsory authority. 
This also addresses the concerns of opponents who have cited instances 
of overreach by such committees established by human rights treaties in 
the past.
  Most major veterans groups, as has been cited, and disability rights 
groups have all written in support and, as a matter of fact, turned out 
by the hundreds for the hearings and the markup of this legislation in 
the Senate Foreign Relations Committee. As I indicated, it would be 
very important from the perspective of making the world a more 
accessible place for U.S. citizens, including disabled citizens and 
veterans who are disabled. And improving a global standard for all 
segments of the disabled community should be our goal. Although 
accession to the treaty will not instantly achieve that goal, it may 
provide another avenue through which we might achieve the goal.
  I want to mention specifically now some technical aspects of our 
committee consideration. Article 34 of the convention creates the 
committee we have talked about--the committee on the rights of persons 
and disabilities. It consists of 18 persons, elected by state parties 
to the convention, and they are required to submit periodic reports to 
the committee concerning measures taken to give effect to the 
obligations under the convention and the progress made in that regard. 
The convention provides the committee shall make such suggestions and 
general recommendations on the report as it may consider appropriate 
and shall forward those to the state party concerned. The committee 
recommendations are advisory only and are not binding on the sate 
parties, including the United States of America.
  Now, the United States has recognized the rights of individuals with 
disabilities through constitutional and statutory protections--the 
Americans with Disabilities Act of 1990, which has been cited. As such, 
many of the general requirements of the convention for protection of 
disability rights already exist in Federal law. The provisions of the 
convention can be grouped generally into the following categories: 
Accessibility, education, equality, employment, and health.
  Now, the committee closely reviewed the ``best interest of the 
child'' standard as set forth in article 7 of the convention, including 
whether the ratification of the convention by the United States could 
negatively impact parental rights with respect to disabled children, 
including parents who opt for home schooling of disabled children. The 
Department of Justice testified unequivocally that parental rights 
would not be hindered in any way.
  In response to written questions for the record, Senior Counselor to 
the Assistant Attorney General for Civil Rights, Eve Hill, stated:

       In light of the Federalism and private conduct 
     reservations, among others, there would be no change to 
     Federal, State or local law regarding the ability of parents 
     in the United States to make decisions about how to raise or 
     educate their children as a result of ratification.

  Mention has been made by the chairman about article 25 of the 
convention. The state parties recognize that individuals with 
disabilities have the same right as others to enjoyment of the highest 
attainable standards held. They must be offered the same range, 
quality, and standard of care that is available to other persons in 
their countries. Health care professionals must provide care on the 
same basis they would provide if the individual seeking care did not 
have a disability. Article 25 also prohibits discrimination based on 
disability related to the provisions of health and life insurance.
  The convention does not provide any additional or different rights on 
matters of abortion. It also provides that people with disabilities not 
be treated any differently than others. Existing U.S. rules on abortion 
would still apply to U.S. citizens.
  The administration has recommended the Senate include certain 
reservations, declarations, and understandings in any resolution of 
advice and consent. The administration has stated, with the following 
reservations, understandings, and declarations; that the United States 
would be able to implement its obligations under the convention using 
its vast existing network of laws affording protection to persons with 
disabilities. Therefore--and I stress this--no new legislation would be 
required to ratify and implement the convention.
  I shall not go through all the details of the reservations, but they 
do specifically mention federalism: The convention shall be implemented 
by the Federal Government of the United States of America to the extent 
it exercises the legislative and judicial jurisdiction over the matters 
covered therein and otherwise by the State and local governments to the 
extent that State and local governments exercise jurisdiction over such 
matters.

  I would say, secondly, there is nonregulation of certain private 
conduct. This is a reservation suggested by the administration, adopted 
by the committee. The Constitution and laws of the United States 
establish extensive protection against discrimination, reaching all 
forms of government activity as well as significant areas of 
nongovernment activity. Individual privacy and freedom from government 
interference in certain private conduct is also recognized as being 
among fundamental values of our free and democratic society.
  The United States understands that by its terms the convention can be 
read to require broad regulation of private conduct. To the extent it 
does, the United States of America does not accept any obligation--any 
obligation--under the convention to enact legislation or take other 
measures with respect to private conduct except as mandated by the 
Constitution and laws of the United States of America.
  I would mention, in addition to proposed reservations of the 
administration adopted by the committee, there were numerous proposed 
understandings all of which were adopted by the committee. They protect 
essentially the first amendment of the United States, economic, social, 
and cultural rights in our country, equal employment opportunity, 
uniformed employees of the United States, military departments, and 
definition of disability. In other words, U.S. law, State and local 
government law apply in all of these cases without exception and cannot 
be countermanded by anything with regard to this treaty. Likewise, 
there have been proposed declarations offered by the State Department, 
and these were adopted by the committee.
  I would simply say, Mr. President, without reiterating each of the 
reservations, they all attempt to meet any conceivable objection or 
question raised by citizens of the United States who have testified, 
who have written to the committee, or Members of this body who have 
visited with members of the committee as we were preparing for this 
obligation today. This is a treaty, in essence, that states our 
idealism. We would be a part of an organization in which we have a 
forum to do that. We are under no obligation to adopt any of the 
suggestions of the other committee members, although we will listen 
respectfully to them.
  As a matter of fact, the treaty is important because we have such a 
gold standard that others have simply raised the question: Why are you 
not a part of a picture that might make this available, thoughtfully, 
to the rest of the world? And there is no good answer to that if in 
fact we espouse these ideals with regard to all of humanity and hope 
they might be adopted by others. But, specifically, and one reason 
veterans organizations and other organizations trying to help the 
disabled in our country advocate this treaty is that we would like to 
see improvement in other countries.
  Sometimes our warfighters, as a matter of fact, are forced by all 
sorts of conditions to live in other countries. We hope they are 
receiving proper treatment, the best treatment. As a matter of fact, if 
they have any sort of

[[Page S6929]]

life in those countries, we hope there is improvement for them. We 
hope, as they come back to America and then find it necessary to travel 
abroad again for any number of purposes, that the treatment for their 
disabilities will be there and, hopefully, of the same quality. We need 
to be advocates of this convention, advocates for our veterans and for 
other Americans who have disabilities.
  So for these reasons, Mr. President, I am grateful to the majority 
leader for bringing this legislation to the floor at this time. We are 
very hopeful that at least the bipartisan debate we had in our 
committee and the strong vote for ratification will find at least some 
resonance in this overall debate in the Senate.
  It has been a privilege on my part to work with our leader and to 
have had an excellent set of hearings and to have enjoyed the comments 
of our veterans. There are many in this body who have served this 
country in the military services. They have distinguished records. I 
had only a modest 3 years and 4 months of Active Duty after 
volunteering for the Navy, but that was sufficient for me to learn what 
was important for those with whom I was serving and those in veterans 
organizations, such as the American Legion, headquartered in 
Indianapolis, IN, about what is vital to the quality of life for those 
constituents.
  So I am hopeful we will have success in this effort tonight.
  I yield the floor.
  Mr. KERRY. Mr. President, I thank the Senator from Indiana, not just 
for his comments now but for his many years of leadership on these 
issues and for his wonderful partnership in all of this. I will have 
more to say about that as the days go on, but we are going to miss his 
vision and wisdom over the course of the years.
  Mr. KERRY. Mr. President, I suggest the absence of a quorum and ask 
that the time be equally divided under the quorum call. I would hope 
colleagues would come to the floor and use the time as they desire.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LUGAR. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LUGAR. I would like to recognize Senator Vitter on our side.
  The PRESIDING OFFICER. The Senator from Louisiana.