Mr. President, 24 years ago, on July 26, 1990, President George Herbert Walker Bush, in a glorious sun-filled day on the White House lawn, attended by more people than had ever attended a bill…
Mr. President, 24 years ago, on July 26, 1990, President George Herbert Walker Bush, in a glorious sun-filled day on the White House lawn, attended by more people than had ever attended a bill signing in the history of our country--President Bush signed into law the Americans with Disabilities Act, a bill broadly supported by Democrats and Republicans here in the Senate and in the House.
It was a momentous occasion. You see, most people thought of civil rights as pertaining to people of color, religion, national origin, sex--that type of thing. But up until July 26, 1990, people with disabilities had no civil rights. I remember when President Bush signed that law, he uttered these words. He said: ``Let the shameful walls of discrimination come tumbling down.'' It was a wonderful day.
Looking back over those 24 years, can anyone deny that our country has made great progress in expanding our concepts of the rights of people with disabilities: the right to be educated and well educated; the right of people with disabilities to have independent living, to live on their own, not to be institutionalized; the right of people with disabilities to associate freely with others; the right of people with disabilities, children with disabilities, to go to school with other kids who are not disabled; the right of people with disabilities to travel freely with barriers broken down, ramps not stairs, buses that are fully accessible now, trains, everything accessible, every building designed in America. Think about that. Every building designed and built in America today is fully accessible.
We have gone a great way in making older buildings--even some of our national monuments--totally accessible to people with disabilities. People with disabilities are finding more and more employment. They are working--not at some minimum-wage job--but working alongside others, showing that they too can contribute to our society and be fully functioning members of our society.
That is what the Americans with Disabilities Act did for our country. In 1991 the United Nations decided that what we had done in America could be an example for the world. So a commission was established to draw up a convention, a treaty on the rights of persons with disabilities. I might point out, it was negotiated under the George W. Bush administration. It took several years, but it was hammered out with the concurrence--get this--with the concurrence and the approval of the George W. Bush administration.
That U.N. treaty has been sent out to nations to be ratified. Over 150 nations have now ratified it. Think about that. Of 196 members of the United Nations, 150 have already ratified it. One country is singularly absent--the United States--from whence it all started. If you look at the treaty--if you just read it--it just echoes the Americans with Disabilities Act language in what it does.
So I will have more to say about this later. But I just want to give that background. We brought it up 2 years ago for a vote. Now, under our Constitution, a treaty requires a two-thirds vote--two-thirds of those present and voting. It was brought up 2 years ago in December of 2012. We did not get a two-thirds vote. It failed. Well, that Congress ended and a new Congress started, so the President had to resubmit it. It had to go back to the committee, now under the leadership of Senator Menendez.
As requested, the committee has reported out the bill again with new reservations, understandings, and declarations. Now it is incumbent upon the Senate to debate and vote again on this treaty.
I am hopeful we would have the votes this time--after due consideration over the past couple of years, that we would have the votes necessary.
The unanimous consent request I am about to proffer is the mirror image of the same one 2 years ago. I want everyone to understand that this unanimous consent request was not denied 2 years ago. We went ahead, debated, and we had a vote.
That is what this unanimous consent request would do, provide us with, again, 2 hours of debate, evenly divided in the usual form, and then an up-or-down vote. We have the time to do it.
I mean, what are we doing around here, one quorum call after another? People want to leave here tomorrow night. Two hours of debate, a vote, that is nothing to pass this momentous piece of legislation.
Unanimous Consent Request--Treaty
No. 112-7
I ask unanimous consent that at a time to be determined by the majority leader, in consultation with the Republican leader, the Senate proceed to executive session to consider Calendar No. 12, the disabilities treaty document No. 112-7 (disability); that the treaty be considered as having advanced through the various parliamentary stages up to and including the presentation of the resolution of ratification; that any committee declarations be agreed to as applicable; that there be no amendments in order to the treaty or the resolution of ratification; that
there be 2 hours for debate, equally divided in the usual form; that upon the use or yielding back of time the Senate proceed to vote on the resolution; that any statements be printed in the Record; that if the resolution of ratification is adopted, the motion to reconsider be considered made and laid upon the table; that the President be immediately notified of the Senate's action; that if the resolution is not adopted, the treaty be returned to the calendar, and that there be no motions or points of order in order other than a motion to reconsider; and that the Senate then resume legislative session.
Mr. President, this is another sad, irresponsible day in the Senate. I say to my friend from Utah, he was here 2 years ago when we proposed the same exact unanimous consent request, and the Senator did not object.
It also did not allow for any amendments. That is usual when we have treaties and it comes through the committee. So why is the Senator from Utah objecting today to even doing what we did 2 years ago? Maybe he has the votes to defeat it. I don't know. We won't know until we vote on it. But 2 years ago, the Senator from Utah did not object to the very same unanimous consent request.
He says there has been a lot of controversy about it. Well, that is not so. The only controversy has been raised by the tea party and some whom I call the black helicopter crowd, people who just don't like the United Nations. I don't care if they like the United Nations; that is up to them. But it seems to me we ought to at least bring it up again, debate it, and see if anyone has changed their minds. We have new people in the Senate who were not here 2 years ago--new Senators who have not had the opportunity to express themselves on this treaty.
I disagree with my friend from Utah. There is no controversy over this, basically. Controversy? This is a treaty supported by former President George H.W. Bush. Former President George W. Bush, former President Carter, and former President Clinton all support it. All the veterans groups support it. The American Legion, VFW, Iraq and Afghanistan Veterans of America, and Vietnam war veterans all strongly support ratification of this treaty.
The U.S. Chamber of Commerce has supported it strongly--and I don't just mean leaning back. Tom Donohue, the head of the Chamber of Commerce, has written, has called people about how important it is to the business community that we ratify it.
Former Governor John Engler, who is now the head of the Business Roundtable, brought this up to the Business Roundtable and they unanimously supported our ratification of this treaty.
I spoke to the Business Roundtable group last evening, and they all-- the ones I talked to individually--couldn't understand why we would block this treaty because it is good for business, and they understand it.
It is supported by the Information Technology Industry Council--that is AT&T. I just spoke with the CEO of AT&T last evening who strongly supports it; Sprint, Adobe, Microsoft--all the high-tech people-- because they understand we need strong, accessible standards for their products and their software across the globe.
All disability groups, every single disability group in America supports the treaty. Faith-based groups across the spectrum support it.
Senator Bob Dole has worked his heart out on getting votes to ratify this treaty. He has been on the phone, he has made appearances, and we have Republicans on it. Senator McCain has been a strong supporter for this treaty from the very beginning. Senator Mark Kirk is a supporter. Mr. Kirk is a veteran himself.
We had a press conference with all the veterans groups here not too long ago and I thought Mr. Kirk said something very poignant. He said: A lot of disabled American veterans fought in places around the world to secure our freedom. They should have the right to travel freely in other parts of the world, even though they have a disability.
Think about that.
Senator Barrasso is a strong supporter, and Senator Murkowski, Senator Collins, Senator Ayotte have all worked hard on this subject. But for a couple of people who have raised an objection, we can't bring up the treaty.
The Senator from Utah just objected to bringing it up for, what, 2 hours of debate and an up-or-down vote. I say: Hey, look around the Chamber. There is nobody here. There won't be anybody here all afternoon. We could have a little debate on this, 2 hours; they could make their case, we could make our case and have a vote for 15 minutes--and yet the Senator from Utah will not let it be brought up, even though he let it be brought up 2 years ago. He said: Well, we can't offer amendments. That was the same 2 years ago, but they didn't object to bringing it up.
When we see all of the support this has--and I might address an issue that has come up, and it seems to have its genesis in the tea party. They have raised objections on the basis that somehow, by ratifying this treaty, we give up our sovereignty as a nation, that it erodes our sovereignty. That is based upon the fact that there is a commission under this treaty. There is a U.N. commission set up, a 16-member commission of experts, to draft standards and advise countries on what they need to do to meet their obligations.
Again, if we are a signatory to the treaty, I have no doubt we would get a seat on that commission, and the high-tech industry council and the business groups know that. That is where we have our input to making sure that accessibility standards, software standards, and other things are adaptable for us, our business community, our software, and our hardware.
The tea party, some of these people, have objected to this commission, saying that the commission can issue findings and such that take away our sovereignty.
We have operated, at least for the past 20 years, under two other treaties that have the same kind of commission of experts, and it hasn't eroded our sovereignty. Do you know why? Because it is advisory. That commission has no authority to assess penalties or anything else on the United States or any other country. All they can say is: Well, you should do this, you should do that--but it is only advisory. How does that erode our sovereignty?
Yet the very same people who make the argument that somehow this erodes our sovereignty will rush to the front to vote on a trade agreement--a trade agreement such as NAFTA or other trade agreements we have, which do erode our sovereignty, because it turns over to the World Trade Organization the ability to fine America, to tell us what we have to do in order to make trade right. They have the ability to tell America what to do. Yet my friends who are objecting to this probably support those trade agreements.
Yet when it comes to people with disabilities, why is it they are so adamant that we cannot join 150 other nations of the world to advance the rights of people with disabilities globally? Why is it just people with disabilities they focused on?
They didn't focus on torture, they didn't focus on the worst forms of child labor, they haven't focused on any of
our trade agreements. Why people with disabilities? It makes us wonder, is this another blatant form of discrimination against people with disabilities?
Maybe some in that tea party would like to undo the Americans with Disabilities Act. I don't know. But we can't say honestly that, yes, the Americans with Disabilities Act is good, it has done a lot of good for our country, for our business community, for people with disabilities, everyone, and say but we don't want to be involved in helping other countries advance the cause of people with disabilities so people with disabilities in other countries have the same kind of rights, accessibilities, and standards we enjoy in this country for people with disabilities.
Some people may say we are the best in the world on disability law and policy--and that is true, we are--so why don't we shine our light around the world?
President Reagan always referred to America as the ``shining city on the hill.'' If we are a shining city on the hill and no one can get there and we are not willing to help other countries, what does it mean to be a shining city on the hill? Is that some kind of an idea that only we can have? We are a shining city on the hill when it comes to disability rights, and we ought to be involved in spreading it globally. This is our opportunity to do so.
Some people say: We can work with other countries. If they want our advice, we can go to other countries to help them with disability policy. Think about that for a second. We don't have the personnel or the wherewithal to go to 150 separate different countries to help them in terms of changing policy. It takes a kind of collective action where we can join with other countries that have done pretty darned well. There are a lot of other countries that have done very well in disability policy. To join with them, we are much better and much stronger that way than us just going to another country.
I was in China earlier this summer meeting with people about this treaty, which China has adopted. They have signed on. We talked about the United States working with China, not only in China but with other countries, to help advance the rights of people with disabilities.
China is doing some interesting things. They are starting to move ahead.
One person said to me: What is so important about America being a part of the treaty is that when we speak to one another, we speak in a common language of the Convention on the Rights of People with Disabilities. It seems to me that if the United States is not a part of it, they speak to us in a different manner. It is: The United States, here is what we do; here is what you ought to do. That doesn't get us very far in diplomacy.
But if we work with the Chinese and other countries to say: Here is what we ought to do, here is what other countries have done, here are the standards we ought to abide by, there is much more force and effect than if we try to go it alone.
I assume there are military analogies to this. Think about the present situation. Should we go it alone simply because we are the most powerful, we have the biggest military, the best weapons, and everything else? Should we just go it alone because we are the best militarily in the world? I don't think the American people would want that.
We have to join with other countries and sometimes ask other countries to take the lead and we will provide that strong backbone. That is how I see the disabilities treaty. We have to join with other countries.
How can we give up the moral leadership we have had on this issue, both here and abroad, the moral leadership we have had on advancing the rights of people with disabilities?
How can we abdicate that because a handful of people are afraid of giving up our sovereignty--which is a bogus argument because that committee is advisory only. It makes recommendations, but it has no enforcement authority whatsoever.
By not ratifying this treaty, we are left behind. Think about that. We, the United States, are left behind in a field in which we have carved out leadership, and we are just going to give it up: No, we don't want to lead the world.
Why wouldn't we want to lead the world in disability policies? To not join 150 other countries, to not provide the leadership, to not provide the expertise we have developed over 24 years or more relinquishes our responsibility to people with disabilities, both in America and around the world. Why on Earth would we want to do that?
In Ghana, a great young advocate named Emmanuel Ofosu Yeboah, a man born with no left leg but determined as a child to play soccer, turned his obsession for this sport into an obsession advocating for the rights of people with disabilities in Ghana.
Earlier this year in Malawi, 21 African nations met on this issue of changing their policies, advancing the rights of people with disabilities. I was asked to go and meet with them. I couldn't because we were in session in the Senate. But that is why they are reaching out to us. They want us to be involved with them to help move this issue forward.
In Nepal parents of children with autism banded together to start their own school to educate their children. They want their kids with disabilities to be fully included in society and have opportunities for work and for life. They want us to be joined together with them. It is conspicuous.
I was privileged to join Senator Cardin earlier this summer in Baku, Azerbaijan, for a meeting of the committee for security and economic development in Europe. I offered an amendment putting all the nations of Europe that are in that OECD, Organization for Economic Cooperation and Development--OECD countries--that we supported ratification of this treaty. It was adopted unanimously. They want the United States to be a partner in this effort.
Talk to a disabled veteran who would like to travel overseas maybe with his or her spouse and their children.
I recently talked to a mother whose family immigrated from Italy. She wanted to go over for a big family reunion, but she has a child with a disability, and where they were going they had no accessibility. She could have gone and left her son at home, but she couldn't do that. So she missed that big family reunion because of the lack of accessibility in Italy.
It is a sad day that one individual on the Senate floor would object to bringing this up when it has such broad support.
I will say one last thing about the issue of sovereignty. I have heard a couple Senators on the Republican side talk about the fact that with this Commission, we give up our sovereignty, which I have said is a bogus argument.
Of my friends on the other side, the few who have objected to this on the grounds that we would lose our sovereignty, let me ask this question.
Former President George H.W. Bush supports this treaty wholeheartedly. Does he not understand about sovereignty or does he not care about sovereignty?
Former President George W. Bush, under whose administration this treaty was hammered out, supports it. Does former President George W. Bush not understand this or does he just not care about our sovereignty?
Bob Dole knows this treaty backward and forward--a World War II hero, Presidential candidate, Republican leader of the Senate, disabled American veteran.
Are those few people over there who say this would erode our sovereignty saying they know more than Senator Dole or are they saying Senator Dole doesn't care about our sovereignty--which is it--or those few who raise the issue of sovereignty, that the U.S. Chamber of Commerce doesn't care about our sovereignty? I don't think we would like to say that to Tom Donohue or to John Engler at the Business Roundtable. Of course they care about our sovereignty. Tell that to the American Legion. Tell the American Legion they don't care about our sovereignty or they don't understand this or they are too stupid to understand it. Is that what they are saying or are they saying they are the arbiters--those few, they are the arbiters of what is and is not our sovereignty. They rise above all former Presidents. They rise above Republican leaders. They rise above John McCain, a war hero. Believe me, I think John McCain understands about our sovereignty. He knows this treaty. He supports it wholeheartedly. Are
those few who raise this issue of sovereignty saying John McCain doesn't get it or he doesn't care about our sovereignty? Which is it? The fact is, John McCain does care about our sovereignty, he does get it, and he knows this doesn't erode our sovereignty one single iota.
But I wish to make that point because those few keep raising this issue of sovereignty as though they are the guardians, they alone know what distinguishes our sovereignty and what erodes it--not former Presidents, former Republican leaders. In fact, every former Republican leader of this Senate still alive supports this treaty.
My, how far we have gotten off track since the adoption of the Americans with Disabilities Act that was strongly bipartisan and the Americans with Disabilities Act amendments we put through in 2008, strongly supported by both sides. I dare say, we have strong Republican support for this treaty but for a few on the Republican side who just want to adhere to that tea party nostrum that somehow this erodes our sovereignty and we can't join.
I will close where I started. The unanimous consent I offered today that was objected to by the Senator from Utah is the same as what we had 2 years ago and no one objected to it. The Senator from Utah was here 2 years ago, and he didn't object then to the same unanimous consent request. He did not object. So it goes back on the calendar. It goes back on the Executive Calendar and it will be there.
I guess I would say the action by a few on the Republican side blocking ratification of the convention on the rights of people with disabilities will not be the end. I may be retiring from the Senate, but I am not retiring from this fight. I will never retire in the fight for justice, fairness, and equality for people with disabilities both here and around the world. I will never retire from the fight to refute those absolutely unfounded and bogus objections to this crucial treaty.
I will continue to work with former Senator Bob Dole, with former Presidents, with veterans, with business leaders, with Republicans on the other side who support this treaty, with the national disabilities community, with our disabilities community. I will continue to work to advance this and to get it over the hurdle.
The false claims--the false claims--of those who object to this treaty will be overcome. We will succeed in ratifying this treaty. We will restore America's stature as the world leader on disability rights and we will continue to fight for justice and a fair shake for people with disabilities not just here in America but around the world.
It is a sad day, another sad and irresponsible day in the history of the United States Senate.
Mr. President, I suggest the absence of a quorum.