The CRPD and Senate Process

I worked for a committee in the House and one in the Senate. One hundred Senators have the same 24 hours a day that the 435 House Representatives have, but the Senators must focus on the needs of all state constituents, not just those in one district. And, Senators must be informed about or be prepared to be informed about the same number of issues as House members. These raw facts mean that Senate staffers who are content experts, especially those on committees, wield a lot of influence. Senators just do not have the time in a day to stay on top of everything.

Given these circumstances, how does an issue become a Senate priority and gain momentum? Certainly the persuasiveness, brains, and commitment of key staff are a factor. So too is the pressure from constituents. Both of these factors played a role in securing strong, educational hearings on the Convention on the Rights of Persons with Disabilities (CRPD) last November. Up to that point things were textbook perfect.

Now there has been a four month lull of no visible Senate activity.  The result -- The impact of individuals telling stories about why the CRPD is important to them have been modest. The number of op eds that have made new or powerful arguments for the CRPD have been few. The television coverage that has occurred hasn't been that enlightening. Letters to the Senate Foreign Relations Committee written by important people, urging ratification, written in 2012, have resurfaced in social media. Things being tried do not appear to have the kind of traction we need to elevate ratification of the CRPD to the Senators' top ten list.

Let me share a little more about the Senate process.  Another factor that affects momentum in the Senate is when actual Senators, not staff, start talking to EACH OTHER about an issue. That is when an issue gains traction. That is when things start happening. And finally, once ideas get put on paper, get circulated and considered, when Senators are talking to each other, that's when things REALLY start happening. Evidence of Senators' involvement and interest in the CRPD would motivate staff and inspire those of us who want the CRPD ratified.

What we need is for each of the 61 Senators who support ratification of the CRPD to start talking about it, reaching out to Senators who don't yet (my estimate is 34, we need 6), putting ideas on paper, talking about them, getting them compiled, and polling on which ones have broad support. One former Senator from Delaware, Ted Kaufman, referenced THIS SUMMER as the time we are likely to see Senate action. Well, that time is not that far off. We need three things: (1) a Senate resolution (written document) on the CRPD, (2) a favorable vote on the resolution in the Senate Foreign Relations Committee (a simple majority of Senators on the committee voting yes), and (3) a vote by all 100 Senators on the resolution, where at least 67 vote yes.

It's time for those critical conversations among Senators. If Senators do not assume some ownership of the fate of the CRPD now, it won't be ratified in this Congress. Historically, federal disability policy has been bipartisan. The right actions on the CRPD by the Senate could refresh and strengthen that pattern of bipartisanship.

You need do only one thing -- tell your Senator to talk to other Senators about the CRPD NOW.

Thank you.
Common Grounder

The $64,000 Question

On March 22, 2014, Ted Kaufman, a former U.S. Senator from Delaware (2009-2010, served out Joe Biden's term when Biden became Vice President) had an opinion piece in the News Journal (delawareonline.com).

The thing he said that stood out was -- Senators, who do not want the Convention on the Rights of Persons with Disabilities (CRPD) to be ratified, do not like the United Nations. We do not know what that number actually is. There are 45 Republicans in the Senate. Of those, six Republicans are on the record as supporting ratification of the CRPD -- Ayotte (NH), Barrasso (WY), Collins (ME), Kirk (IL), McCain (AZ) and Murkowski (AK). That leaves 39 Republicans who could be UN haters, but I think not. Senators Hatch (UT), Corker (ranking Republican on the Senate Foreign Relations Committee, from TN) and Alexander (TN) have gone on the record as opposing ratification of the CRPD PERIOD. They may or may not have raised the UN in their objections. If they did, it was probably in connection to their fear of the CRPD's impact on sovereignty -- our system of government as spelled out in the Constitution. These three -- Hatch, Corker, Alexander -- we need to scratch off as lost to us.
Others, Republican Senators on the Senate Foreign Relations Committee -- Risch, Rubio, Johnson, Flake, and Paul -- have raised substantive objections about the CRPD doing such things as expanding abortion rights or weakening sovereignty, but they have not said they flat out oppose UN treaties. Other Senators like Cruz (has sovereignty concerns) and Lee (has concerns about challenges to parents' rights, among other issues) have not done a full assault on the UN. So that is eight Senators who have substantive objections that they have expressed in hearings or the media. These eight represent people to talk to and ask -- what would it take to eliminate their opposition to the CRPD? We need to know.

That leaves 26 Republicans who may or may not have a "no-way" attitude toward a UN treaty. We need a poll of this 26 Senators too.

Here's what I think we will learn. Some of these Senators would like to draft language to address their concerns and be recognized for it. Some would say they will decide once they see the language in a draft resolution on the CRPD. And, maybe one or two Senators will actually say they would not support anything coming from the UN.  What this tells me is that there are at least 34 Republicans who would be willing to help draft a CRPD resolution or read it and then decide, IF THEY WERE APPROACHED by Senators who support the CRPD.

There are 53 Democrats and two Independents who support the CRPD. So, with 61 Senators (53 Democrats, 6 Republicans, and 2 Independents) whom we know will vote for the CRPD, we need six more. If the 34 Republicans I mentioned are approached in good faith, I am sure we will find more than six to support ratification. But, FIRST, they need to be asked to help and then be given the time to read a draft.

We can do this.

Thank you.
Common Grounder

NEED 67 VOTES TO RATIFY THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)

RESULTS OF THE DEC 4, 2012 SENATE VOTE ON THE CRPD

AND

INDICATION OF SEATS CHANGED IN NOV 2012 ELECTION

YEAs—61

Akaka (D-HI) Ayotte (R-NH) Barrasso (R-WY) Baucus (D-MT) Begich (D-AK) Bennet (D-CO) Bingaman (D-NM),  retired Heinrich (D) Blumenthal (D-CT) Boxer (D-CA) Brown (D-OH) Brown (R-MA),  defeated by Warren (D) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Conrad (D-ND),  retired; replaced by  Heitkamp (D)  Coons (D-DE) Durbin (D-IL) Feinstein (D-CA) Franken (D-MN)	Gillibrand (D-NY) Hagan (D-NC) Harkin (D-IA) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA),   replaced by Markey (D) Klobuchar (D-MN) Kohl (D-WI),  retired; replaced by   Baldwin (D) Landrieu (D-LA) Lautenberg (D-NJ), died; replaced by Booker (D) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT),  retired; replaced by Murphy (D) Lugar (R-IN),  retired; replaced by Donnelly (D) Manchin (D-WV) McCain (R-AZ) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murkowski (R-AK)	Murray (D-WA) Nelson (D-FL) Nelson (D-NE), retired; replaced by Fischer (R) Pryor (D-AR) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Snowe (R-ME),  retired; replaced by King (I) Stabenow (D-MI) Tester (D-MT) Udall (D-CO) Udall (D-NM) Warner (D-VA) Webb (D-VA), retired;  replaced by Kaine (D) Whitehouse (D-RI) Wyden (D-OR)
NAYs —38
Alexander (R-TN) Blunt (R-MO) Boozman (R-AR) Burr (R-NC) Chambliss (R-GA) Coats (R-IN) Coburn (R-OK) Cochran (R-MS) Corker (R-TN) Cornyn (R-TX) Crapo (R-ID) DeMint (R-SC), retired; replaced by Scott (R) Enzi (R-WY)	Graham (R-SC) Grassley (R-IA) Hatch (R-UT) Heller (R-NV) Hoeven (R-ND) Hutchison (R-TX), retired; replaced by Cruz (R) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Johnson (R-WI) Kyl (R-AZ), retired; replaced by Flake (R) Lee (R-UT) McConnell (R-KY)	Moran (R-KS) Paul (R-KY) Portman (R-OH) Risch (R-ID) Roberts (R-KS) Rubio (R-FL) Sessions (R-AL) Shelby (R-AL) Thune (R-SD) Toomey (R-PA) Vitter (R-LA) Wicker (R-MS)

Not voting: Kirk (R-IL)

Need a simple majority to vote CRPD out of Senate Foreign Relations Committee (SFRC).

Current members of Senate Foreign Relations Committee are in bold.

Highlighted in yellow are Republicans who currently support CRPD.

Timeline on the Convention on the Rights of Persons with Disabilities

If my research is accurate, 193 countries belong to the United Nations (U.N.). Of that number, 143 have ratified the Convention on the Rights of Persons with Disabilities (CRPD). The U.S. has not.

Being among the countries that agree to implement laws consistent with CRPD principles is a two-step process. First a country must sign the CRPD. Then the country’s legislature (like our Congress, but in this case only the Senate has responsibility for ratifications) must ratify it. As I said, the U.S. has not ratified the CRPD.

To emphasize that startling fact – we are in there with the last 23 percent – countries like Libya, Sri Lanka, Chad, Bhutan – that have not ratified. Here are some more facts. There are 128 members of the European Union (as of July 2013). Of these, at least 124 have ratified the CRPD. Britain, Canada, Australia, and New Zealand also have ratified the CRPD. What is the U.S. afraid of? Clearly the European Union countries, as well as English-speaking countries, are as legally sophisticated and concerned about sovereignty, separation of powers, abortion, and parental rights as we are. And yet, they found a way to ratify the CRPD. We have had plenty of time to think about these issues, to research how others have addressed these issues, and to compile and weigh solid legal options. 

Just look at the timeline:

Dec. 13, 2006   U.N. General Assembly adopted the Convention on the Rights of Persons

                         with Disabilities. 

Jul. 30, 2009     U.S. signed the CRPD.

May 17, 2012   President transmitted CRPD to the Senate for its advisement and

                         consent.

Jul. 11, 2012    Senate Foreign Relations Committee (SFRC) held the first hearing on

                        CRPD (112^th Congress).

Jul. 26, 2012    SFRC, on a vote 13-6, passed the CRPD out of committee.

Dec. 4, 2012    CRPD failed to pass during a full Senate vote (61-38, needed 67) (112^th

                         Congress).

Nov. 5, 2013    Senate Foreign Relations Committee held the first hearing on the

                         CRPD  in the 113^th Congress.

Nov. 21, 2013  Senate Foreign Relations Committee held  the second hearing on

                         the CRPD in the 113^th Congress.

It is now March 22, 2014.  Primaries are looming. Relations with Russia are deteriorating. No one can honestly say that a window of opportunity for ratification of the CRPD will open up later in 2014.

I don’t think we need more time. We need a reason to act. There are enough votes to get the CRPD voted out of committee. If we see a move like THAT there are plenty of us ready to reach out TO EACH SENATOR, with passion, conviction, and compelling, tailored arguments for the CRPD. Really, people with disabilities, a ton of veterans, and others are poised. Please, SFRC give us a reason to move out and make the final push for ratification of the CRPD!

Thank you.

Common Grounder

A Video Is Worth a Thousand Words: Amy Purdy Inspires

A friend told me there is a contestant on Dancing with Stars who is a double-amputee, Amy Purdy. She earned a Bronze Medal for snowboarding at the Paralympic Games in Sochi. I think I heard, she lost her legs two years ago. So I watched the Dancing with Stars video of Amy doing the cha cha with Derek Hough, and was blown away. Wow!

If Amy can do what she did, surely we can find a way to make ratification of the Convention on the Rights of Persons with Disabilities happen. Amy projects determination, discipline, a ton of energy, professionalism, and pride. She inspires, excites, and motivates the rest of us. Each of us needs to reflect on Amy's story and consider what we could do to get the CRPD ratified.

Since August 9, 2013 I have outlined important facts, suggested things to do, and sometimes let my frustration sneak out. But, I am basically an optimist. If something doesn't work, the lesson is -- try something else.

Well, here's my latest idea, it builds on the call for personal stories.
1. Watch the YouTube video of Amy Purdy
2. Draft a message of how it affected you, what you are going to do to support the CRPD, and why others should also take action.
3. Video tape the message and upload it to YouTube.
4. Your effort will inspire others.
5. We will be able to track the impact on YouTube.

This is worth a try.

Thanks.
Common Grounder
   

CRPD: Is It Time for a March on Washington?

I sense it will take something big, like a march on Washington, D.C., to get Senate action on the Convention on the Rights of Persons with Disabilities (CRPD). Senator Menendez needs some sustained wind behind him in order to make the right move. People in the U.S. need to see that we have power and that we matter. People in the U.S. need to understand that the world is going to change because of the CRPD and we must to be a player. Failure to ratify the CRPD is not an option.

A march would provide us with an opportunity to push a broad policy agenda in addition to ratification of the CRPD.  

Sample Agenda

• Ratification of the CRPD
• Reauthorization of the Rehabilitation Act, perhaps as an independent piece of legislation
• Amendment to the Social Security Act, so that people with disabilities are not penalized for saving more than $2,000
• Renewed funding for the Help America Vote Act provisions that support accessible voting materials, procedures, and places
• A White House Commission to determine the real barriers to employment for people with disabilities
• Amendments to laws that affect veterans, so that those now covered, get what they need, when they need it, or there are adverse consequences for those responsible for delays and waiting lines
• Investment in innovative housing options that put access to housing modification, financing, and support systems under one agency
• Proactive training of healthcare professionals by the Centers for Medicare and Medicaid Services in the U.S. Department of Health and Human Services so that people are informed, treated, and live healthy lives
• Creating new and broadening of existing opportunities for people to become entrepreneurs
• Broadening of support for respite care

Such actions would benefit many people, many families. We need something to re-energize everyone. A march might just do it. If we each read the words in the CRPD we grasp the value of empowerment. We know things can happen more quickly through partnerships, including global partnerships. People with disabilities, veterans, senior citizens, and people of all backgrounds could join hands and walk from the White House to the Capitol and say, “Hear us and act. If you don’t there will be real consequences in November."

Think about it.

Thank you.

Common Grounder

A Catch-22 Situation

Other than the PBS News Hour piece on the Convention on the Rights of Persons with Disabilities (CRPD) on last week, there has not been a big splash of news stories or commentary on the treaty. Some of us had hoped the Paralympic Games would provide a trigger for wide-based exposure, and then enthusiasm, for the treaty. I am still searching for that. Some put out a call for personal stories. I have no idea how many people responded to that. Two of us launched a petition on the White House website, asking the White House to urge the Senate Committee on Foreign Relations Committee to move the CRPD to the Senate floor. In a little over two weeks we got 77 signatures. We need 100,000 by April 1, 2014. Senator Menendez, Chairman of the Senate Foreign Relations Committee, told the MS Society, when it gave him an award last week, that ratification of the CRPD is a priority for him.

Since December 20, 2013 when Senator Corker, the ranking Republican on the Senate Foreign Relations Committee, and Senator Alexander, both from Tennessee, said they opposed the ratification of the CRPD, we have not seen additional statements of an intent to oppose the CRPD.

What does this assortment of facts suggest?

Advocates' enthusiasm for pushing for ratification is waning in the absence of concrete progress.

Opponents of the CRPD are going to kill ratification. They just have to wait us out.

The treaty text and ratification process are too complicated and it's hard to talk about them in 30 second sound bites.

No matter how many ways and how many times you say the CRPD is a good thing, people just don't connect it to their lives.

There is an absence of courage among those who support the CRPD to demand that the Senate Foreign Relations Committee take action. God forbid we tick them off.

There is a reluctance on the part of the Chairman of the Senate Foreign Relations Committee to take action now because public support is not loud enough, big enough, or powerful enough.

I'd say all of the above are valid.

We are in a Catch-22 situation. Those in charge fear sharing concrete evidence of progress. They view the silence of the opposition as a good thing. Somebody has to move.

Waiting is not a strategy. The situation is not going to improve. All of us with an interest in the ratification of the CRPD must find it within ourselves to take the necessary actions to make ratification happen now.

Thank you.
Common Grounder