Transcripts For CSPAN2 Key Capitol Hill Hearings 20131111

In here and that production will stay in the u. S. In the exported to south america and europe. We feel there is a very good chance at a very Good Condition to not only build here, but compete to a u. S. Base. A year ago we did the same thing in victoria, texas on another excavator plan. These are the large machines. 42 that 5010 machines that came in from japan that will be built in us for the first time in the United States and exporting to south america. Some of that is coming back to the u. S. And im happy and proud of that is the u. S. Manufacturing come to me. In fact, we spent about 6. 5 billion in capital expense in the last five years in the United States. Weve also spent about 10 million in research and development. We had a plant in our system here in the United States that exports very large Mining Equipment. We have factories were 80 of the reductionist for export only. We work hard at being competitive both internally. We also work hard with the u. S. Government and michael and many others open market outside the u. S. Because 95 of our potential customers are not in this country. We desperately need that. Over the last five years, our total exports have exceeded 82 billion from the United States. Those are destined for virtually every country in the world at some point or another. I cannot over emphasize the benefit of trade in opium trade. Sometimes its a hard message. Free trade, open trade and globalization sometimes has a pretty tough context and a lot of the small towns where our plants are. That is the message all of us have to get out and work on because without that come without access to those 95 in the south of the country, i dont know where we will be a generation or two from now. We all need to work on that. Finally, as an editorial comment and then ill conclude, we use exim bank and needed to compete on a global basis. Export credit agencies are part of the competitive landscape. Other countries use them aggressively. Every time we use them because most of our competition if not all of our competition is outside the u. S. Theyre competing with us for jobs, or customers, for her people for that matter. Weve got to compete and xm is to be a critical element of that place as we go forward. That is something also on the agenda along with open and free trade is to go forward. With that, i will conclude. Thank you. Thank you very much for having me. N. W. Certainly embraces the concept of the u. S. As a viable platform. The collaborative and open free trade initiatives in this country have provided the basis for bmw to make a major investment and production facility, which now exports the majority of vehicles worldwide. Bmw has a Success Story to share in our South Carolina plant. However, there is more that could be done to foster even more Economic Opportunity in the u. S. When all parties come to the table to ensure our open bilateral trade agreement or race. Back in 89 when our company was looking to locating new bmw manufacturing plant in the United States, we received invitations for many state governors. They all had rsvp attached. Obviously, we understand the french phrase. We did respond to all. However, rsvp also has another meaning for the bmw group. This is held to determine the two sides we chose. To us, rsvp is an acronym for the values that have to be met for this new manufacturing facility to be successful. Rsn responsible, s. As in sustainable, vsm valuable and p. Of course can profit. After evaluating Many Americans diets, supplying our ours rcp values, we chose South Carolina to open up an 81894. Today it is an unqualified to this in terms of production and worldwide export. I give you some metrics in a moment, but here is how rsvp worked for the bmw group. Talking about responsible. We received some offers that will financially attract two s. , might not have been equally beneficial for the local Business Environment and infrastructure. Though we refused it. We fail to uphold and still feel there is also will approach of locating a new facility has to be a winwin for the state, county, city or town and the local population. The responsibility also means being able to provide jobs with skilled local area resident and not relying on the implication of an outside workforce. But the Strong Network of Technical Schools and motivated workforce, southeast u. S. In the states of South Carolina fulfilled these requirements. Also, the ied fight transportation corridor provided us with an infrastructure for future export opportunities. So we took the responsible choice and located in South Carolina. Now it is sustainable. B w is committed to sustainability. In fact, its been selected as the worlds most sustainable Automotive Company by the Dow Jones Sustainability in x. Just a few facts about how seriously we take sustainability we use not vain that normally would be burned in the atmosphere from the landfill to provide 50 of the plan total energy at about 30 of electricity. We have an 11megawatt Onsite Energy sector. We also have the farm to produce energy with 200 pieces of hydrogen materials. Were the largest single hydrogen wells in the world. We are zero ways to lancelot nonregulated. The list of unsafe Green Energy Producers for the Automotive Industry to be as invaluable, our plants provide not only the local or state economy, but the entire countrys economy as well. As soon as we open up sans commitment not sure his flock to the order to supply with parts and materials necessary to produce their vehicles are today there are 40 of them in the state and a total of 170 nationwide supporting the plant and contributing to the u. S. Economy. We actually committed to our role as a major exporter from the United States. Since our initial 300 Million Investment in the early 90s with an annual capacity of about 50,000 vehicles, we have invested an additional 6 billion over the years and expanded the facility to the point where dino production is over 300,000 bmws. We have people supporting the local economy to the tune of 8. 8 doing dollars per year and support additional 31,000 jobs through South Carolina. From the suppliers to our workers, the local coffee shop, our manufacturing plant is a force that helps drive the economy and ever widening circle. Now we come to the final letter of the acronym profitable. Why we have select did inexpert platform. There were a few facts to help you understand the scope of what we do. We produce all five and six vehicles. Soon there will be a new x four. Production in 2012 with 300,000 units. We expect to grow to over 350,000 units this year. Here is the fact i think that may surprise you. Other neighbors said of these vehicles are shipped overseas. Thats correct. 70 of these bmws are shipped to 140 countries worldwide. Where the largest exporter of vehicles from United States. In addition, we also ship to another six markets around the world as well as individual part from poor charleston doubles to utilize facilities for the new inland ports. All of this expert business is profitable for us, profitable for the nation, state, county, local cities as well as a manufacturing partners are surrounded. From producing 50,000 cars annually, South Carolina to commit global Success Story. By producing exceptional products with dedicated workers, our plan continues not only to generate prosperity for bmw, but gets back to the region in the u. S. A. This could only be made possible by the trade agreement in place through the auspices of the United States and its partners. As positive as all these effects may be, theres still room for more comprehensive bilateral Free Trade Agreements. Ladies and gentlemen, we strongly support efforts to further rope and unhindered trade throughout the world and will continue to lend her voice to such efforts. I can clearly say they use in the United States as an export platform as batman continues to be the correct in profitable choice for bmw because we are careful about how we rsvp to an invitation. [applause] dominated both california and its a very different place in 1994 and you guys are part of the reason. Thanks very much for having me. It is a great pleasure to be here for all sorts of reasons. First, to a colleague secretary kerry, secretary lu, secretary pritzker who have been so supportive of themselves and their agencies above are trying to do to the negotiation of these trade agreements makes a real difference and im very grateful for their support. Its great to hear the governors comments about the critical importance of creating jobs and expanding the economy. Whenever i talk to governors, youre that story. That story needs to be told over and over again in the city. As doug alluded to, the reason as much understanding of how these trade agreements have an impact on job creation, growth in communities and and make sure that if we do the trade agreements the right way theyre going to have a positive impact on people back home. Im very grateful to doug for the movies and playing to convey that message. My job here is to talk about how what were doing on the trade and Investment Agreement front helps contribute to the export platform that was just talked about. Halfpenny said this morning, 20 of our exports come from subsidiaries of foreign firms in the United States or not is a critical part of driving job creation and growth in the United States. We get at those issues through two different things. Trade agreements and Investment Agreements. For 40 bilateral trade agreements that have investment chapters and those chap others give investors here in the united state protection from expropriation, discrimination, justice. It gives them access to neutral international arbitration. And if theres Real Companies based here, because those kinds of protections in other markets that we have agreements with. It protects them from localization requirements, something called performance requirements. They are local products. Our network of bilateral investment treaties is absolutely critical to making that an attractive platform for Foreign Investment to be used not only here in the United States, but as my colleague said, for exports for the rest of the world as well. On the trade side were involved in another initiatives. The transpacific burger shack where we are in the endgame, we do with the outstanding issues that have reached closure. We have a launch of the transatlantic trade and Investment Partnership with the e. U. And feel those two giant markets bring him closer together, lemonade cost, bring the regulatory and standards regimes were closely together. When we complete this trade agreements, we will have created free trade was 65 of the Global Economy. Their other countries we been in the wings to join each of those agreements. I fully expect that kindness is over, well be at 65 to 75 of the Global Economy being able to access. So he launched an International Services agreement in geneva that now covers 70 of the Global Services market. Information Technology Agreement also in geneva covers 90 of the i. T. Market that have free trade and a whole series of products in those markets. And we are pursuing bilateral investment treaties with countries like in yet in china and china has made some very dramatic steps in recent months by announcing theyre willing to negotiate a bilateral investment treaty on the basis of something called a negative list and on National Treatment during a companys preestablishment phase before it gets up and running. Those are new breakthroughs with china and other details need to be worked out to see whether those can be translated into real and meaningful commitments. Youve all heard over the last state the reasons make sense to invest in the United States and if this is your platform. Ive been visited by companies, which are represented in this audience in recent weeks to decide or trainer of the system, Innovation Ecosystem work for us, the access to cheaper and cleaner energy, that this is a platform they want to base themselves that. The network of trade agreements that were currently negotiating can be a Global Platform for exports and we will see more and more investment as a result. We are seeing a renaissance of investment in manufacturing in certain sectors we never thought wed see additional investment and any expansion of Global Services here and even investment in our agricultural air, which is a worldclass care are. So were very optimistic about the u. S. Being a platform for Global Investment of Global Exports with these trade and invest it treaties and agreements providing the context for that. Im very delighted the summit is bringing attention to that. Its nice to be on a panel. This is a pin over everybody supports what it is were doing on trade agreements and were grateful for all your support as we go forward. The place to start with our executives on the panel. As i alluded in the beginning, for the last many years theres been a series of trade agreements with south korea, colombia. And now we are in this world is talking about these keeping agreement with the e. U. And pacific rim countries. Doubt, as he make Investment Decisions is the prospect or possibility of these broader agreements, how is that different for you than the one off a lateral agreements . Is highly important to us. Ill come at it differently but the colombia Free Trade Agreement, for example. We were very worried that colombia and the number of our other competitors to do a Free Trade Agreement and we would not be included. What happens with that, because so much competition is nonus, all this which is Mining Equipment going to colombia, we would be looking at terrorists are exports to colombia that colombia and japan, germany, sweden, others would not have to encounter. So i would go to our workers in central norway and say weve got a 10 premium, whatever the premium would be. Weve got to find a way to be efficient or were going to lose the sale. We just cannot find ourselves in that position. Its critical. Most of our equipment from this country is sourced u. S. , which have access to those market that the tpp example is a great one because im convinced, michael, that most of those countries will sign an agreement with or without us at some point down the road and will be potentially looking in on that. I really worry about that as an exporter of some 50,000 people in the United States and workers and opportunities as a result. Versa about an importer and exporter is all over the world from germany. How does the prospect of these agreements affect quiet if you just pay, we still pay we look at the relationship between the United States and europe. We still pay import duties to europe by 10 . With cyprus and to pay to go into the u. S. They have a number north of 550 million just as costs to that. Its not only about the import fees we have to pay. Its also about the different standards. Its about crash testing and mission vendors. Its the same goal, the same human being sitting in a car coming up we have different standards and they cost to the turn of a couple hundred million. We just have to develop different cars or encompass all the different roles. So not having these additional costs must have a huge impact on our competitiveness, on our wall as such. We still have to see what is going to be in detail, but it will have a huge impact on us. I see today virus on stability how well we are doing as opposed to brazil or argentina were overnight has reduced by 30 . Its an exclusive range. Governor. How do these agreements matter . The pure numbers start with his ex for 16 more capita we have Free Trade Agreement. We think the ttip, we could just in tennessee increased automobile exports almost a million dollars, which is huge in terms of the jobs created. Nissan symbol looks like ants. We have the gm plant as well. So we think all of that if you take that back e. U. , theres 10 as ludwig just said, 10 tariff and another 7 to 10 in additional costs due to doublechecking, crash safety and other things. You start out at 17 , 20 disadvantage, thats huge. We just watched canada and the europeans negotiate and finalize an agreement, which i really hope opens the door on many things we can be doing with europe as a result of that. After all, we have nafta with canada. Theres not much of a difference between what theyre doing and what we are. It should help us get that done. Ambassador, how are things coming . With d. C. As the prospects for both agreements over the next months or years . Well, im optimistic. Were much further along on tpp, underway for now for three plus years. We are still significant by all of the countries to get this done. With regard to ttip, weve been spending a lot of time over the last year and half with european colleagues. Coming to a common understanding of where we have them approaches, different approaches to the issue. Theres no great surprise. We know how to work our way through it, which doesnt mean it wont be very difficult. But its doable. The opportunity and challenge of the european agreement is for going to try and bring a regulatory standards systems more closely together. Not deregulation, not lower health or safety standards, but trying to eliminate unnecessary causing friction they get in the way between two wellregulated markets. That is something that will take creativity. In the area we are focused on. I think it holds a lot of promise. The last thing to dougs point earlier, we dont live in a static world. Other countries are not waiting to see what it is we do. They are negotiating preferential access to markets for exporters. We need to be on the field as well and make sure not only are we on the field and getting access to the markets, but in a way that raises the overall standards of the International Trading system that introduces new disciplines to do with the emerging issues in the International Trading system. Its a real start choice out there. The choice is every going to go for a race to the top where we try to raise standards and are tpp partners and ttip partners bought into that. Poor will get dragged into a race to the bottom, which we cant and dont want to win. Thats another trading nations might have us do. Our goal is to reach these agreements on high standards that we can level the Playing Field so our partners in the u. S. Have a chance to compete on a fair and level Playing Field because theyre the most productive workers in the world. We need to have a level Playing Field for going to succeed. Is that damaging to the prospects for a ttip agreement . Its already a serious issue that is out there. Our view that these issues are to be kept on separate tracks and in the right wings of dialogue between appropriate officials on both sides. I think youve heard from a number of european officials that they see the logic of moving ahead with ttip. Its important to their Growth Strategy to try and maintain competitiveness in the Global Economy. So we are hopeful we will continue to make progress on that. We have teams in brussels as we speak. There were negotiations that had to be canceled during the shutdown of the government. But were now back on track and expect to continue those discussions in the coming weeks. A number of people including yourself have mentioned regulatory language sonatas thats particularly clear. Can you give us more detail what that means in this . What are the challenges of having different regulatory regimes on both sides of the atlantic and what kind of savings would you look at those are to be aligned under . One is obviously crash testing. Cars have to be crash tested in a different way in europe than they do in the u. S. Funnily enough in mexico again, mexico has the european crash testing. So over the border at tijuana, there must be some different animal living because theres a different crash test. I have to say if we can only agree we accept mutually the requirements for standards that will be already great success. So we can house either the european are the u. S. Crash test for europe in u. S. The same, that will be great. But it does have a considerable amount of research and development, i. E. Cost to every car we produce we lose competitiveness. The same holds true about emissions tenders, where the u. S. Is more focused on mileage, where europe is more focused on emissions. But that is the same thing, just the other side of the coin. Which is measured different things. The outcome is the same. The cost savings are being research and design. I see no sufficient visa, but when you make a slightly different weve seen kind of a preposterous situation over the years within europe in a number of countries and this is really going back a little bit. Different regulations for backup alarms machinery. The decibel level, sound, frequent the common possible things to deal with but it adds cost to everyone. Basically, taillights or example in lighting machines. Vary from country to country. You have to make the same construction with different bp and sounds. Spinnakers in manufacturing sound that drives the cost of sorter for nothing. Thats something we need to drive out. Just that alone will help us all. How do you see these issues . Again, theres a comment of this not being a static world. Our competitors are Getting Better and they have agreements that we dont have. Senator kerry was talking earlier about the excellence in u. S. Higher education, how thats always helped us and weve trained for and other engineers. But those days are ending. So our Natural Design advantages they think are going to be harder to come by going forward. So we need those things so were not certain with a 10 to 20 cost disadvantage. We talked about this in the european context. Tpp is closer to fruition. What would it mean for caterpillar . We have a huge business in asia are growing thats probably the single largest opportunity over the next decade or so. We have to be there. Again, i come back to the point that its likely that a lot of those countries with or without us. Well be looking into a market that we had to be competing with. Theres another one almost of africa because im kind of passionate about this. We watched the chinese really take over africa. They come in with their own financing, their own engineering was sometimes their own workers to take over minerals, extraction, oil and gas, hydroelectric power across africa. I think we can do better in this country. I know michael thats on your agenda in all of our agenda. And so please hear the crossover between commerce and state because thats what we really need. Thats what china and others do so well when they look at a market. They combine all their assets to go after businesses and try to win customers over. We can do that and i admire the commerce state combination can be fruitful. Wed like to help with that as well. Its a great opportunity. Ambassador, the trade Promotion Authority is a big issue. What do you see is the prospects in congress for you and the president to get trade Promotion Authority, to get fast tracked. Can you successfully negotiate these agreements if thats not a part of the equation . Well, the president has made clear that his site to get trade Promotion Authority come a critical tool for moving these agreements, making these agreements real and implement them. Just this week there was a hearing of the Senate Finance committee on ttip actually, where chairman baucus and senator hatch bowties about the importance of moving forward on trade Promotion Authority family work with the we want to move this forward as quickly as we can with this breath support. As they can possibly have. We think it is a critical tool to getting agreements through congress and implement a not so we want to try and get done. I assume if youre reading for some of these tales, you would like the u. S. Government has a strong negotiating position as possible. At the end of the day, the governments dont create jobs. But we do set the conditions for that to happen. Weve worked really hard in tennessee. We have the lowest per capita, the lowest two or three tax rates. Weve got great infrastructure. We do this to be a great regard their work environment. Theres certain things out of our control that dramatically impact jobs in tennessee. Like i said, when i hear auto manufacturers tell us we love being in tennessee, without the work environment. If we have this agreement in place, well have excimer jobs. The something out of my control but also critical for me to get involved to one that voice, whether its in washington or anywhere else i can to reset. Weve worked hard to set up a great working environment and i think we have it. Theres certain things beyond our control at this point. Ever on this panel is an enthusiast of these agreements. We want to be clearheaded about the cost. The construction and mining business, what you see is the competitive address from others that would be more or less expensive. But our competitive images and how confident are you that caterpillar can fight them off . And thats up to the American Government certainly to help us all be as competitive and to create manufacturing jobs new jobs and job growth and i look at those three steps of foundational work but the opening of markets is fundamental in the process. We can be competitive as i describe. We export an awful lot from United States. We work hard every day on internal labor agreements and we have spent a lot of time on the Education System but if we dont have those markets to start with the rest of this is sorted in nine. We have to be there to play. Again what do you see is the competitive threats you would see if these deals come to being for more imports . We love free trade and we love competition and i can tell you that made us strong over the last 50 years from a Humble Company with 4000 employees and nearly 60 twoway north of 100,000 today. We have the most we are the most premium manufacturing and world meeting in europe for example they use free trade and we use the competition. We love to take our competition on and see who is the best so if we are not afraid of anything then its competition. So you support competition and not protectionism is what we are really looking for for a unilateral free trade that would certainly grow our business . The same question what are the advantages that workers and manufactures have that make you confident that at a more level Playing Field they will prevail . A couple of things. At the end of the day its going to be about having the right trained workforce and we are doing everything we can to make certain we have enough engineers and welders and i. T. Professionals to provide that product. We realize there is a down side and part of your question is there a downside to these agreements and there are. We dont want to make cars and medical equipment and we grow a lot of tomatoes and our tomato farmers will tell you since nafta their tomato sales are down. They also say hey ours a veteran in the long term we are going to win. We realize you are opening up our markets to that process but like we said we kind of a leap in the competition and we will take our chances in that world. Our job is to set the right structure and make sure we have the right environment for Business Growth very predictable so they know what they are dealing with and make sure we are training the white right workers. Do you see any ways that some of the losers in these trade deals some of the industries that face work opposition or challenges, is there a way to ease some of that difficulty . Absolutely and when president obama came into office he wanted to make sure we were negotiating trade agreements where the benefits would be broadly shared and where we recognize we need to take care of anybody who is displaced and that is why we have always insisted the trade adjustment existence be part of the package. The trade assistant adjustment expires in two months. In it has eyes been linked to trade adjustment authority. As Congress Takes up trade authorization so we can move this forward. Let me say one more word. The trade or motion authority there is a lot of misinformation out there. Its the mechanism by which Congress Gets us our marching orders. They tell us what to negotiate how to work with them during the negotiations and what the conditions will be under which they will consider an agreement to approve it or disapprove it and we work extremely closely with congress on every trade negotiation and the trade Promotion Authority is the way that gets structured. The last thing i would say as its been part of our overall trade agenda its not enough just to negotiate these agreements. We have to make sure we monitor them and we enforce them and dramatically enforce our efforts throughout the using our trade laws bringing in the whole government urged to our enforcement efforts in our Interagency Trade Enforcement Center and i think that has helped millions of people that we want to make sure this works for the American Workers and farmers and ranchers acrosstheboard. So, you have a unique opportunity here. You are here on a panel because shooting these big complicated agreements. There is inevitably tradeoffs in these negotiations. What does the u. S. Push harder for and what are you willing to concede on to get a deal done . From the perspective of tennessee or caterpillar or bmw what would you urge the u. S. Government to focus on as you make these tradeoffs between auto and service and farmers and the interests of all these negotiations . I will start. I think in all of these it is a series of compromises and my encouragement would be, and i will tell you ambassador froman was one of the best in the world in my opinion at this with a tremendous background. I have great trust in him on this that you start with the big chunks of things that make a difference in the whack those off and in the end you make the compromises in the places you have to compromise but you have to be as broad as you can across as Many Industries is possible to get it done. I know that is exact lee how michael does it but its hard to say because unless you are in the room negotiating a deal what can you compromise on but compromise on but to me its a broad answer. As much as we can get broadly agreement the better off we are all going to be and im not going to stand and glory caterpillar because i have a long list of things id like to get done. He knows what it is. I dont know that i have a lot to add to that. I do think in any negotiation you start with how much is at stake and i think a lot is at stake here and i encouragement would be like dougs dont let the 10 of the most difficult but only 10 of things stop it from happening. I couldnt agree more and we should not strive for is the best of all agreements. We should settle for a good agreement and that agreement would include that we cant do away with different standards that we would accept the standards that we have in the west in europe and likewise. So just make things easier for us. Is important to remember that there are a lot of changes that have to come to the u. S. And some of these deals. I would go to agriculture as one that has frankly been a stumbling block for many years to get some of these done. As a result, that has to be managed as well so its very difficult to have negotiations when you are going after some of the back bone of our country where it is. Im afraid thats the same in europe. It is the same in europe but you are paying as well for that matter. Ambassador from and tell us the pathway from here. What is the next period of time look like as you and your staff at ustr try to come to a deal . I think as the discussion demonstrates the challenge before us is even within the u. S. We oftentimes have stakeholders with diametrically opposed interests and our job is to figure out what the best approaches and whats important, the greatest number of jobs, the most growth, the most benefit for the u. S. Economy to come up with that requires a balancing even among domestic interest and to go to love another trading partners in the case of ttp and figure out a landing zone where its a winwin for everybody. Nobody gets 100 of what they want and 100 but we have to be able to at the end of the day look at the package as a whole and that is why we take as comprehensive approach is possible but look at the package as a whole and make sure it serves our interests and values and its supporting what we need to supporting United States in terms of job creation, growth and strengthening the middle class. Those are our watchwords in everything we do should have those three agendas. We will be working over the course of the next couple of months on ttp and is seasick gets up and running in those areas. And hopefully therell be no more government shutdowns that stop you. A couple of you mentioned agriculture which is not really represented up here today. Governor you have a tomato industry in tennessee so i will use you. What do you say to a tomato farmer, what do you say to someone has asked to make concessions on what kind of subsidies they receive for agricultural work . That is obviously difficult piece. I dont know the number but the number that tennessee has produced versus nafta and prenafta. A couple of things. Number one at the end of the day food today is more about quality and number two its about access to markets with the whole farm to table deal has become a huge opportunity for local growers and i would say lets keep concentrating on the markets that you know you can do well on with quality. And we will keep specifying tomato farmers. Im confident your tomatoes can be better than those brought in. Nafta has been mentioned a couple of times in the context of august. You can export to mexico quite easily and for so there a high tariff. What are the lessons of nafta over these last 20 years and what implications do they have for how these agreements come to being . Nafta is a model case how we should move on but id also like to just stay in the american context to see how it works. South korea we have retrade as well and we are doing great with south korea even though they have a strong Automotive Industry themselves, so i think it really is about embracing free trade and doing work on it. Any lessons from nafta . I think virtually all the Empirical Data and evidence will show nafta has been a tremendous winner for all three countries especially this one. For our company it has been huge. We have been able to take advantage of the Tremendous Oil and gas business in canada. A lot of development in mexico and a tremendous benefit to the u. S. Without nafta i dont know where we would he frankly with their export and trade patterns to mexico and canada and frankly i think the mexicans and canadians i know would tell you the same thing. What are your experiences 20 years later with nafta . Again if you go back to specifically our exports to mexico where up to eight times in canada. Let me just add one metric here and thats basically only true because Free Trade Agreements we have over the last 20 years. Our production in the last seven years i would say are usually a model cycle have gone up in the u. S. By 40 but export has gone up by 70 so it really shows how free trade grows. To close up i would ask each of you to think through and give a couple of comments on abe what you expect the world trade to look like in the next year or two and what you would hope to see. What are the great opportunities and great risks and the most likely outcomes of the things you would expect to see out of both european and pacific agreements . Well, i have very high hopes that we will see a deal on tpp fairly soon and ttip are right behind that. Then, with the job creation that we are all lacking even at this point in asia, i would expect to start to see the benefits of that a year to two years later as we are starting to see with south korea and columbia today. As you mention it doesnt take long to open the spigot on exports and imports once those tariffs come down and standards are synchronized and so on. I would be pretty optimistic that it would help job growth and gdp growth in all three zones but particularly this one because again 95 of them are consumers are outside of the country and we have to learn to deal with that. Governor . Well i mean direct lee, and i dont have the number on the pacific but with the ttip agreement we think our exports will go up 35 which is about 2 billion which is a lot. I think the other thing is you have to look at everything in the context of whats happening in the Broader Market and their things working to our advantage. Energy costs in the u. S. Are going down. Thats not true in a lot of other countries around the world we can take advantage of that. The logistics costs, transferring goods are beginning to be a bigger piece of something relative to the labor piece of that good. So we can take advantage of that as well. I think the market is in so many ways turning to art vantage right now and it would be in my mind it would be a shame if we didnt create those additional jobs because of not having these agreements done. We shaddais keep in mind the ttp and ttip, free trade supports growth. It supports new jobs, Foreign Investment, innovation so in the end the consumer benefits from all of that. It creates jobs and in a world of free trade there will be production moving to those countries where they have free trade and free trade will always foster exports. A year from now what are we going to hear and what would you like to hear . I am very optimistic about where the u. S. Will be in the Global Trading system and when we look around the world including in Subsaharan Africa, across asia and parts of latin america there is a Real Movement towards recognizing that opening markets provided doing it in the right way, open markets can really help drive creation job creation growth and innovation. Look at what the Pacific Alliance is doing in latin america and Subsaharan Africa some of the leading reformers in africa. Theres a desire to see that trade is playing a major role in their area and the u. S. Stands to benefit hugely from this from a shift in the Global Economy provided we can do this rings we need to do here. Our biggest risk is our political risk. Its getting our fiscal house in order and getting comprehensive Immigration Reform done in getting these things on trade through our congress as well starting with trade Promotion Authority which the president has had since 1974 but also ttp and ttip and the things we need to do to make sure we are at the center of a network of agreements and together with our Education System are access to energy, to make this really the driver of Global Exports, the platform that every company around the world wants to be an end that timmy is a Great Potential for our economy and job creation growth here at home. With that we will close. Thank you so much. Well done. [applause] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] the hearing of the Senate Foreign Relations Committee will come to order. Let me welcome our panelists and all of our guests who have taken the time to come here today for this important hearing on the rights of roughly one Million People around the world with disabilities and let me quickly will come three yes. Among them congressman tony coelho who has been a longtime champion of the rights of the disabled. Appreciate him joining us and let me also recognize and cope cody a multiple paralympic medalist representing the u. S. And three paralympic teams and she has been nominated to be the Vice President of the International Paralympic committee and understand its not enough to make the stadium accessible, you also need to make surrounding restaurants and businesses accessible and we thank you for being here and for your advocacy as well. I also want to recognize a leader in the Disability Community in macedonia. She is in the United States to learn about transportation and independent Living Systems and having Public Transportation standards allows it to work and live independently here in the United States and with the help of American Leadership she helps helps hopes to make that a reality at home as well. We thank you for your work and we welcome you here. I hope that what we do here will help you in your efforts. To ann makes clear what we are here today, ratifying the treaty will help the United States lead in the effort to give every disabled person the opportunity to live, work, learn and travel without undue barriers. There are 5. 5 million American Veterans with disabilities, young men and women who risked their lives to fight for us and now its our turn to fight for them, to have full access and equal opportunity wherever they go. 130 countries have already ratified the treaty that protections wont come automatically. It will take u. S. Ratification and u. S. Leadership to ensure the treatys protections not only become a reality but reflect American Values. From the u. S. Constitution the treaty borrows principles of equality of the protected minorities. From the declaration of independence it or is the inalienable right to pursue happiness and from the americans with disabilities act another landmark accessibly lost the treaty borrows the concept of reasonable commendation. By ratifying this treaty, we will be advocating for the adoption of American Values around the world. At the end of the day if we fail to ratify the treaty, the u. S. Point of view in u. S. Interest will be marginalized. We have heard from the state department that they have gotten pushback in their accessibility advocacy because we are not a party and we have heard from ngos who have been asked why american expert should be consulted on matters pertaining to a treaty we have not ratified american businesses the greatest accessibility innovators in the world have expressed the fear that our diminished standing on disability rights could mean markets for accessible goods might not expand as quickly as they otherwise would and in the future of businesses might very well have less success advocating for u. S. Accessibility standards creating the possibility that the world will adopt standards incompatible with american standards that have proven so effective. In short, we need to ratify this treaty if we are going to lead the way in raising worldwide accessibility to the americans. As we embark on the first of our two hearings on the disabilities treaty, i ask my colleagues to look past the fearmongering some have engaged on in this debate. Ratifying the treaty will not mean bureaucrats in your book determine how many parking spots are in your churchs parking lot as some have claimed. Our job as senators requires us to see through the smoke screens and see clearly that this treaty is about putting america in a position to help lead the world so that everyone, everyone has the opportunity to fully achieve their dreams and fulfill their godgiven talents. Let me introduce senator corker, Ranking Member, for his opening remarks and we will move towards the first panel. Mr. Chairman think you and appreciate you having this hearing so members can more fully understand the elements of this treaty and i appreciate you having a Diverse Group of witnesses and i certainly appreciate my good friend kelly ayotte being here today. I have to tell you the meetings we had last year i think one of the most moving moments in time was to have two senators i think tom may hearken and john mccain talking about what they had done together so many years ago to move the ada law into existence and so many things have occurred since then. We had a unanimous vote in 2008 on the ada amendments act and we have continued to make tremendous progress. I do think last year when this was considered, it wasnt considered in its fullness. It was rushed and we didnt really have kind of hearings that it takes to ratify the treaty were treaty has a different standard than most laws with 67 votes for obvious reasons. Again im glad this year we are taking a little bit more methodical approach to that. I do want to say to the advocates of this piece of legislation, this treaty, really, its tremendous to see the effort that is underway to move people along in this regard. Whenever a bill or a treaty is passed, there are some unintended consequences and i think its our obligation to look at the effects that a treaty like this could have on domestic law. I am not one of those folks who thinks there somebody behind every would pile trying to do something. I just want to make sure that we in fact pass a treaty and it has the relevant read. I want to mention this to those of you who are here. When he treaty passes there is something called rud on the front end. They are the things that we actually act upon to give a treaty its life here in the u. S. Just today the Supreme Court hearing taking place in arguments are being argued over a lady in pennsylvania named bond who unbelievably is convicted of a law under the chemical weapons treaty that we put in place back in 1997. Sometimes when people raise concerns they are actually legitimate and i would ask Committee Members to try to work with those of us who understand that we want to advance the rights of people who are disabled around the world. I think thats a good thing. At the same time within the treaty unless the rud on the front and are put in place in an appropriate way there can be consequences domestically that affect people in various groups so again i am neutral. I just proclaim right now but i dont have a position on this treaty. I do appreciate the energy that has been put forth towards this treaty. At the same time i want to make sure that we as a committee and hopefully as a senate get it right. We have worked some with john kerry already and his staff to see if there are some ways of making sure that some of those unintended consequences dont come to bear. Again we have a reallife scenario today. In the Supreme Court were literally a treaty is taking precedence over the laws of pennsylvania and over the United States as someone has been did believe it or not, under a chemical weapons treaty by the way that didnt work for assad that is working against someone in pennsylvania. I thank you for these hearings and i look forward to a very rigorous debate and look forward especially to mike good friend Kelly Ayottes testimony and i look forward to working with all to come up with a good outcome here. Thank you. Thank you senator corker and we too look forward to an honest and open and intellectually honest debate and we stand ready to work with any member who wants to get to a gas in terms of finding the opportunity and its reservations and declarations and i look forward to that opportunity to achieve that all. Our first panel is two of going to be two of our colleagues and presently one of our colleagues is here. Senator kelly ayotte who has been a champion of the treaty and an advocate for it as well as working with us to try to achieve the goal of getting the votes necessary. I know she she she is hearing hr own right as well as speaking on behalf of senator bob dole who is a great champion of the treaty in the senate. As i recognize you let me also thank congressman bartlett who i understand is here with us from the house. Congressman thank you very much and i appreciate your being here with us. With that our distinguished colleague, senator ayotte. Thank you very much chairman menendez, Ranking Member corker honorable members of the committee. I am deeply humbled to be here today. First of all my primary purpose in being here today is to read the statement of senator robert dole, someone who is an extraordinary leader in the United States senate. He is someone who is a role model in terms of what it means to be a Public Servant and we all appreciate that he is a true American Hero with the service he gave to our country. So im deeply honored to be here. I personally support with this committee is doing, the convention on the right persons with disabilities i think is very important for us to Work Together to get this passed and so i look forward to working with the chairmen and other members of the committee to do that and to address any concerns that members of the committee may have. But my primary purpose in being here today is to read the statement of senator robert dole and so i will do that right now. Chairman menendez, Ranking Member corker and members of this committee, i urge you to give your support and consent to the convention on the rights of persons with disabilities. While i cannot stand before you in person today, i approach you and the strong hope that on your second examinatiexaminati on of this important treaty, you will again do the right thing and advance the rights of disabled individuals from the United States and throughout the world. In so doing, i am privileged to join with over 20 veterans organizations, 40 religious groups, more than 700 disability and allied groups, dozens of view on all sides of the senate aisles, and any other prominent americans who recognize the imperative of the United States leadership on this issue, a leadership that will be imperiled without the United States ratification of the convention on the rights of persons with disabilities. When this treaty came before the senate last year, it fell just five votes short of passage. In debating the treatys merits, treaty opponents expressed concern that the crpd would diminish american sovereignty. That through u. S. Ratification the United Nations would somehow be able to supersede u. S. Law, even by interfering with American Parents right to homeschool their children. Along with senator john mccain , secretary john kerry and others, i could not disagree more strongly with this view. This treaty contains reservations, understandings and declarations otherwise known as ruds that explicitly describe how it will not apply to the United States. At the same time, i respect this institution, its provisions for debate and its tolerance of the opinions and conclusions of its 100 members. Today, i urge all of you to keep an open mind and recognize another important characteristic of this augusts body. The opportunity it presents for policies to evolve and be strengthened as members Work Together in a bipartisan fashion for a greater good. This treaty anyway in a way that is both telling and unique, enjoys the support of Diverse Groups serving a 480th interests. Republicans and democrats, veterans organizations and disability groups, businesses and religious organizations, given the broad support i hope those of you with reservations about any aspect of the treaty will work with your colleagues whom i know are ready to work with you to address your concerns. If improvements to the ruds are needed then i urge members from both parties to Work Together on that. This treaty is important for america because of who we are as a nation. It is particularly important though for a distinguished group of which i am a member. As i recall in my state statement to this Committee Last year i left world war ii having joined an exceptional group, one which no one joins by personal choice. It is a group that neither respects nor discriminates by age, gender, wealth, education, skin color, religious beliefs, political party, power or prestige. So therefore, has the importance of maintaining access for people people excuse me. That group of americans with disabilities has grown in size ever since. So therefore has the importance of maintaining access for people with disabilities to be part of mainstream american life, whether through access to a job, an education or registering to vote. To me, this is not about extending a privilege to a special category of people. It is instead about civil rights when Congress Passed the americans with disabilities act in 1990 it was not only one of the proudest moments of my career, it was for remarkable bipartisan achievement that made an impact on millions of americans. The simple goal was to foster independence and dignity and its reasonable accommodations enabled americans with disabilities to contribute more readily to this great country. If not for the ada, then certainly after its passage, our nation lead the world in developing disability publicpolicy and equality. In recent years, many countries including our allies in australia, britain, canada, france, germany, israel, mexico and south korea have followed our lead. In 2006, president george w. Bush took u. S. Leadership on this issue to a new level by negotiating and supporting the approval of the crpd. On the anniversary of the ada in 2009, president barack obama signed the treaty in a landmark document that commits countries around the world to affirm what are essentially core American Values of equality equality justice and dignity. U. S. Ratification of the crpd will increase the ability of the United States to improve physical, technological and communication access in other countries thereby helping to ensure that americans particularly many thousands of disabled American Veterans, have equal opportunities to live, work and travel abroad. In addition the treaty comes at no net cost to the United States. In fact, it would create a new Global Market for accessibility of goods. An active u. S. Presence and implementation of global disability rights will promote the market for devices such as wheelchairs, smartphones and other new technologies engineered, made and sold like United States corporations. With the traditional reservations, understandings and declarations that the senate has adopted in the past, current u. S. Law satisfies the requirements of the crpd. Indeed, as president george h. W. Bush informed this Committee Last year, the treaty would not require any changes to u. S. Law. It would extend protections pioneered in the United States to more than 1 billion people with disabilities throughout the world. President obama has again submitted the treaty to you for your advice and consent. I urge you to seize this critical opportunity to continue the proud american tradition of supporting the rights and inclusion of people with disabilities. Years ago, in dedicating the National World war ii memorial, ive tried to capture what makes america worth fighting for. Indeed, dying for. This is the golden thread that runs throughout the tapestry of our nationhood i said. The dignity of every life, the possibility of every mind, the divinity of every soul. I know many of you share this sentiment and hope you will consider this treaty through that lens. In ratifying this treaty we can affirm these goals for americans with disabilities. I urge you to support the United States ratification of this important treaty and i thank you for the courtesy of your consideration. God bless america. Thank you senator ayotte and for your own advocacy as well as our thanks to senator dole for his Longstanding Service in this regard so we appreciate you coming forth in ready to express the sentiments. Thank you chairman menendez and Ranking Member corker and im deep honor to be here as well with my colleague senator mark kirk. Which we are going to turn to next and we welcome to the committee a friend, a colleague, senator kirk and i know senator durbin wants to be recognized. As well as congresswoman duckworth. Thank you very much mr. Chairman. I will be very brief. In the history of the United States Senate Congress about the year 2013 there were high points and low points with one of the highest points was january third of this year because it was on january 3 when our colleague, mark kirk, returned to the United States senate determined to climb those 45 steps into the senate. He had endured a lifethreatening stroke, three brain surgeries, hundreds of hours of rehabilitation but he was coming back to his job in washington. For all of the negative and partisan things that are said, if someone could have witnessed that scene on the steps and watched your colleagues mark stand and applaud, colleagues of both political parties, it was a reaffirmation that only up with the senate really should be about but also a tribute to you. Your determination and your courage. I was honored to come up the stairs with you and id still to serve as my fellow colleague from illinois. I will introduce congresswoman duckworth when she is on the next panel but senator kirk thank you very much. Senator clerk senator kirk the floor is yours. If you would just turn your microphone on. Would like to also say as a recently disabled american to speak for what i would call my fellow people and how important it is to pass this convention. I would say that i want to introduce you to a constituent of senator durbins and mine steve baucus. He is a veteran of iraq and lost his sight in battle in that country. 27 years old. I want you to think about him as too often we have a problem in thinking of our veterans as victims. They are victors. Steve is an ardent rock climber. He is one of those big nurse that tammy and i see all the time. We have a lot and we are in that room working on all the time is about 20 legs or arms missing from those guys. I would just say that this convention allows people to go man, go and become victors instead of victims. Thank you senator kirk. We appreciate your being here with us and sharing your sentiments and we appreciate your advocacy for the treaty. Mr. Chairman i will point out the projectile that heard steve was made in iran. No more passionate proponent than trying to stop Irans Nuclear weapons as well as they are acts of terrorism so thank you for that as well. I know you both have busy schedules so with that thanks to the committee we will excuse you both. And, a let me call up our second panel. We have a large panel here. So i asked the witnesses to limit their presentations to five minutes so the committee can engage in a question and answer session with them. The full statements of each and every one of our panelists that were submitted to the Committee Prior to this hearing will be entered into the record in full without objection. First, we have tom ridge former secretary of Homeland Security turned chairman of the National Organization on disabilities to discuss his support for the treaty and support for ratification. I know that the secretary changed his schedule to be with us today. He is the keynote speaker at a disabilities related event this evening in new york so we will be excusing him around 4 30 or so so secretary please join us and thank you for rearranging your schedule to be here today. I will leave congresswoman duckworth to be recognized by senator durbin that we have someone who has done a tremendous amount of work at the department of Veterans Affairs and personal testimony about her personal experience as a Wounded Warrior is invaluable to the committee. I want to ask former attorney general Richard Thornburgh who is here to discuss the practical importance of ratification and let me also recognize his wife jenny who is accomplished in the field of disability advocacy in her own right and we appreciate you being here as well. Let me ask dr. Susans yoshihara from the catholic Human Rights Institute and professor Timothy Maier assistant professor of law the university of Georgia School of law and dr. Michael farris to join us as well as they offer their views on the treaty. Let me turn to senator durbin. Thank you mr. Chairman im honored that two of the witnesses are from illinois and especially honored in addition to saying a word about my colleague mark kirk to say a word about Tammy Duckworth because its into string how we came to me. I invited her to be a guess at my state of the Union Address in 2005. She came in her wheelchair and i didnt realize it was only nine or 10 weeks after she had been shot down, serving in the Illinois Army National Guard copiloting a blackhawk helicopter. She lost both of her legs and it was a question then about one of her arms. She came with a big smile on her face in full dress uniform with her husband also National Guard officer pushing the wheelchair behind her. That is when they came to me. Its an incredible story and the most amazing part of the story to me is in just a week from now she will be in observance of her ninth alive day, ninth anniversary of her survival from that helicopter incident and the crash that followed. She has led such an amazing and inspiring life since. Tomorrow she celebrates her First Anniversary as a member of the United States house of representatives. She has worked so hard and for so many people in so many veterans and people with disabilities i am honored to counters a friend and am glad that she can join us today. Thank you all for joining us. As i said we will ask you to limit your remarks to five minutes and youre full statements will be included in the record. We will start with secretary ridge. Mr. Secretary. We will start with congresswoman duckworth. I never argue with the secretary. A i never argue with the secretary either. [inaudible] thank you. Chairman Menendez Frankie member corker members of the Foreign Relations committee thank you for the opportunity to speak today in support of the convention on the rights of persons with disabilities. I believe crpd ratification is central to our nations Global Leadership role. We set the Gold Standard in our commitment to our disabled veterans. We have what should be the Gold Standard of Disability Access let our legitimacy to lead other nations is weakened because we have not yet ratified the crpd. There are over 5. 5 million veterans with disabilities in the United States and this number will continue to grow grow its welcome back our servicemembers from their deployments. We are fortunate to have many laws most importantly the americans with disabilities act that make sure veterans are welcome back with the dignity and respect they deserve. The passage of the ada united america. Republicans and democrats standing together for the rights of disabled persons. Americas leadership inspired many runnerup to seek justice and fairness for disability communities in their own countries. Unfortunately our laws do not follow servicemembers and veterans when they are outside u. S. Borders. When veterans travel up other often jolted by a nation that does everything in his power to support Wounded Warriors but i have traveled to asia earlier this year and i saw firsthand how countries meaningful economically and not keeping pace with the protections for disabled persons. For example disabilities groups i met with told me about the challenges they face in trying to make public buses wheelchair accessible. Its a sad fact that in many countries around the world the disabled are hidden, considered to be an embarrassment and not afforded the accommodations they need to lead productive lives. It is not surprising then that when disabled americans travel abroad we can find yourselves mistreated and rejected simply because we are physically mentally or cognitively disabled. Without u. S. Ratification of the crpd those of us were disabled have had to lose the ability to set an example when traveling overseas. Blinded veterans have had their guide pets taken away after being mistaken for weapons. People with artificial limbs have been told to store them in overhead tins. Climbing the mountains is not the challenge. Getting there is. Many Wounded Warriors are returning to active duty service. They should not be limited by their disability as to where and how they can lead their impact on the world. We do want to travel work and yes serve abroad that our Service Abroad will be limited if we do not start thinking globally about accessibility and how the u. S. Can have an impact on this issue. The generous benefits provided by the post9 11 g. I. Bill that many on this very committee supported have given almost a million iraq and afghanistan veterans the opportunity to further their education. Many of these veterans are disabled and will be unable to enhance their education with study abroad opportunities because of the lack of disabilitdisabilit y access overseas. Overseas. Its sad that those who fought for our freedoms would find their own freedoms restricted now that theyre moving on with their lives. Accessibility broad impacts current servicemeserviceme mbers. For those that have a child or Family Member with a disability the lack of access in the country of their duty station can mean limited opportunities for their children or her employment for their spouses. The servicemembers may have to face the a very difficult choice between a career and a tour of duty or leaking their loved ones behind here in the United States. This is unfortunate because the department of defense provides many accommodations for the needs of families. For example the dod will pay for homeschooling supplies equipment and support for servicemembers with families in the exceptional Family Member program yet at the servicemember fears negative stigma from joining the program theyre likely to miss out on the homeschooling benefit that allows their children with disabilities to accompany them on an enriching overseas assignment. For all these reasons the veterans of foreign wars, the iraq and afghanistan veterans of america and red support ratifying the treaty. I was thrilled to cheer on the American Legion went there unanimously voted to support ratification of the crpd at their convention. We Wounded Warriors have done our job serving our country. Many of us sacrificed a great deal in doing so. We did this because we believe in this nation. We believe our country should lead and the world is a better place when the u. S. Death up to take leadership and when it comes to improving opportunities for disabled americans we want to travel and work abroad. Veterans believe we should have a seat at the head of the table. It is time the United States reaffirms itself as a leader for fairness and justice. We must stand as an example for those with disabilities around the world. We have done it before and we can do it again. Thank you so much for your time. Thank you congressman. Mr. Farris. Mr. Chairman, Ranking Member corker, thank you so much for the opportunity to be here today on behalf of Homeschool Legal Defense Association im here in opposition to the treaty. There are three reasons i would like to cover in the time that i have today. First, despite the claims to the contrary the u. S. Ratification of this treaty does impose Binding Legal obligations on this country and it will be the responsibility of the United States to comply with International Law. The statements to the contrary have been based primarily on in the course of litigation what i would call assertions. We do not hear citations for Legal Authority for these propositions. We dont hear propria citations to qualified experts such as louis hanks in one of the leading experts in the world on International Law. He responds to the tenor of the argument that has been raised in support of this treaty. He says in a different context but the principle is applicable. United states apparently seeks to assure its adherence to a convention will not change required change in u. S. Laws policies or practices even when they fall below international standards. Reservations designed to reject any obligation to rise above existing law and practice are dubious propriety. The states generally enter such reservations the convention will be futile. Even friends of United States have objected to its reservations that are incompatible with the object and purpose and are therefore invalid. United states it is said seeks to sit in judgment on others but will not submit its human rights behavior to national judgment. Such reservations is offensive. The conventions are for other states not for the United States. Professor hankin has it exactly right. This is a treaty. A treaty is a law. Its the emotional and political arguments in favor of the treaty no one can disagree with these arguments but the question is will the treaty have the legal effect that is being proffered by the proponents of the treaty. We dont hear citations to articles in the treaty. We dont hear consideration of the reports the concluding observations. We dont hear the kind of legal analysis that will be appropriate for analyzing the legal impact of his treaty and i would submit that duty of this committee not to determine simply the policy issues and the emotional appeals but to determine what the legal meaning of the treaty is in its legal application in the context and International Law and domestic law of the United States. One of the ways that the proponents misrepresent the nature of the treaty is on the definition of disability. Proponents argue the definition of disability is left aligned in the treaty so each nation can decide for itself what it believes is the correct definition. The committee on the rights of persons with disabilities firmly disagrees and is in the process of issuing a general observation concluding observations to about nine countries, argentina, china hungary peru tunisia australia and austria all were told that there nations definition of disability was improper under the treatys definition of disability. What is improper about the definitions . They follow a medical definition of disability whether the human rights definition of disability and the difference in the definitions is important. Under human rights definition of disability according to the committee a form of disability law that permits you to take a situation of a profound intellectually disabled adult parrots under the human rights model of disability would not be allowed to appoint a guardian of the adult intellectually disabled child trade instead people would have to be only allowed to support decisionmaking whether substituting decisionmaking. I cite the records in the crpd committee. It says explicitly nations that allow guardianship for profoundly disabled adult that are intellectually disabled are in violation of the treatys definition of what constitutes a disability. That will be a profound change in american law and if we think we will not have to comply with this treaty standards then we are simply making a fake promise to the rest of the world. A not conjecture and raw assertion. The legal analysis is based upon the failure of the crpd to include the that dpitional rite of parents to direct the upbringing and education of their children. It was found in the a cctv r an the universal declaration of human rights. Those provisions if protect the rights of parents. The convention on the right of the child began the trend in the wrong direction and followed by the crpd article 24 of the treaty supports defines the educational duty and the word parent is not mentioned in the educational provision of article 24 of this treaty. The best interest of the child standard has been applied in International Human rights context including banning home schooling in germany, the highest court in germany found that home schooling is banned under the best interest of the child standard. The European Court of human rights upheld that ban. When they fled to the United States, our administration repealed it to the family i represented now between the u. S. Supreme court. And the our Justice Department contends that germany is within the rights to be in i have allowed you to go a minute and a half over time. Im sorry. My clock isnt working. Okay. Youre at the thank you, senator. Ill pause. Thank you. Secretary ridge. If you put your microphone on. Thank you. As many of you know ive had the pleasure of wearing numerous hats in. Member of congress, governor, and Homeland Security. First i want to share with you the story of my first Public Service role the United States infantry Staff Sergeant in southeast asia. I had poor hearing when i went in, worse after, and because of age, diminished hearing since. Technically since i wear hearing aids im a disabled veteran. I cannot contribute the loss solely to my military service. Most of the disabled veterans can. Im proud to represent their cause as well as my own commitment to americans with disabilities at this hearing. I hope that after u. S. Ratification, and a lot of work with other nations, americans with disabilities will no longer face undue burden abroad either. Theres no greater example of u. S. Leadership than on the front line of armed conflict. Servicemembers fight to protect the moral integrity of mankind and the values of equality and liberty. If theres one thing you take away from my testimony today, i hope it is that the United States leadership counts. We have the opportunity to lead now and to lead well with the disability treaty. My fellow veterans recognize this leadership as evidenced by major veterans organizations. Obviously im a member. American legion, veterans of foreign war, and Wounded Warrior project support u. S. Ratification. My initial experience with disability began in grade school. One of my friends had a serious disability. We enjoyed her friendship and smile. We admired her courage. Since those early years, my Public Service career has given me the insight to sit before you as well as the chairman of the National Organization on disability. I became chairman of n. O. D. In five because we have to be more committed as a society to giving people with dainlt disability the opportunity establish their own selfworth particularly through employment. Theres no question we would come out in support of the treaty which echoes our own constitution of values. The mission to allow people of disabilities to have the same opportunity as their counter parts. My testimony, which i encourage you to read, will describe how the convention advances, i believe, democracy, benefits businesses and ultimately will advance opportunities for americans with disabilities worldwide. As a young congressman i was proud to support the a. D. A. It was born of a nation where values are grounded in the concept that all men are created equal. Whether youre born with one arm, down syndrome, or without sight. Injured on the job or in service to your nation. You have the right to life, liberty, and the pursuit of happiness. Our founders did not preserve in notion just because the right thing to do. Because government is strongest when run for and by all of its people. Some countries attempt toed follow in the footstep of the u. S. And created similar but often infour your legislation to the a. D. A. And the years following the enactment. Any other country has not attempted to meet our standards. Frankly, many disablely just dont know how do it. I believe strongly being part of the disability treaty benefits the u. S. And other member nations. This treaty will enhance, not lessen, american sovereignty by allowing us to export Constitutional Values abroad. Export our value system. The u. S. Will dont lead the world in establishing a democratic model where paption of its citizens including the most vulnerable ones. I want to reference a gentleman behind me who will tell you he established an organization in the own country. The country of georgia. Hes a john mccain fellow working hell tell his own country is looking to america to really a date his presence and equality. Its about American Leadership. In closing, we urge you to support ratification of a treaty that will have tremendous impact on americans with disabilities at home and abroad. The treaty advances democracy in business, and above all, validates for the rest of the world the value of people with disabilities. I respect the differences of our nations leaders on many topics, i stand firm that we must come together on the topic of disability. Disability is not no apolitical, racial, religious, or other barrier. It is experience that has or will touch us all at some point in our lives. As the ink may fade on the declaration of independence, it is up to us to ensure that the worst of equality our country stands are ever lasting. A lot our own laws will not change, u. S. Ratification of the disability treaty will validate that all men are indeed equal. And that senators will have have a resounding impact on the billion persons with disabilities in the United States and around the world. I thank you for the opportunity to share this testimony before the committee. Senator menendez. Thank you, mr. Speaker. Attorney general. Its a distinct pleasure for me, mr. Chairman, and Ranking Member corker and other members of this committee to testify once again before this committee in favor of the ratification of the convention on the rights of persons with disabilities. This treaty is an important component of the worldwide effort to advance disability rights. U. S. Ratification will mark a major step forward in this effort, and to promote the rights of some 1 billion men, women, and children with disabilities around the world who lack recognition of their preimminent human rights. It would also serve to confirm American Leadership and disability rights on the world strange. Today we are witnessing a new era of worldwide recognition of disability rights. The date, as you have heard, aet to the of 158 countries including the jets have signed convention and 138 have ratified the terms. As many of you may know ive been involved in the Disability Movement for many years. Im the father of a man with intellectual and physical disability. My son, peter, who was seriously brain injured at the aim of 4 months in the 1960 Automobile Accident that tragically took the life of his mother, my first wife. As a attorney general of the United States, it was my graduate privilege to serve as the point person for the administration of president george h. W. Bush. In the bipartisan effort to secure the passage with the americans with disabilities fact 1990. We find ourselves in a different place today than when i testified before this Committee Last summer. Weve had the benefit of extensive discussion of the provision of the disability treaty, and their impact on u. S. Domestic law. And on the nature of u. S. Leadership and the world and indeed on the very nature of the treaty process itself. Most important to me was the committees adoption of a series of residence reservations understanding the declaration. That helped to clarify the scope and meaning of the convention. Within the inclusion of these reservations understandings, and declaration the disability treaty would require no changes to u. S. , federal, or state law. And it would have no impact on the federal budget. The important reservation on federalism would ensure that the obligations that we undertake under the convention are limited to the authority of the federal government and do not reach areas of state and local jurisdiction. The reservation regarding private conduct would ensure that the u. S. Will not accept any obligation except as mandated by the constitution and laws of the United States. I understand that some persons have challenged the step of practice of using r. U. D. S. In treaties. Such claims are misguided. And quite simply extraordinary. When the u. S. Senate attaches condition to any treaty during the advice and consent process, these conditions become part of the treaty that have the force and effect of law. Significantly, the disabilities treaty itself by its own term allows nations to add their own reservation during the ratification process. The only limitation on the residence scrags process being that such reservation shall not be incompatible with the object and purpose of the convention. In article i the Convention States that its purpose is to promote, protect, and ensure the full and equal joiment of all human rights and fundamental freedom by all persons with disabilities and to promote respect for the inherit dignity. Because the object of purpose with the disability treaty is to recognize and provide disability rights for persons with disabilities. It included with the Committee Last year fall within the legal standard. The claim that somehow ratification will undermine u. S. Sovereignty are misplaced. Some have raised alarm over the Disability Committee created by the treaty. This committee would have only an advisory role and there would be no call for its being entered as a law under our constitution and legal standards. Nothing in this treaty prevents parents from home schooling our making other decisions about their childrens education. The convention that braces the principles of the individuals with disabilities education ability adopted in this country, which emphasizes the importance of the role of parents with with of children with disabilities and making decisions on behalf of their children. In fact, many of the parents of children with disabilities choose to home school their children in order to provide an appropriate level of care and attention. And the conventions specifically recognizes and protects the Important Role of the family and protects children from being separated from their parents on the basis of a disability. Ratification of the Disability Rights Convention is an opportunity export to the world the very best we have to offer. This is a chance to use our Rich National experience in disability rights. Which is gained us the respect of the World Community to extend the principles embody in the a. D. A. To hundreds of millions of people with disabilities world wide who today have no domestic protection. We must ratify this convention so we can fulfill the role of world leader that is expected of us. Thank you for your attention. Thank you. Chairman menendez, Ranking Member corker, member of the committee. Thank you for inviting me to present my view on the convention of persons with disabilities. I appreciate high hopes that some some of my fellow veterans, have for this treaty. Im one of many veterans who dont share the optimism. And realize while the treaty might help improve conditions abroad. American ratification of the treaty wont help disabled americans here or abroad. Secretary kerry recently addressed the u. N. High level summit on disabilities. He called the a. D. A. The Gold Standard and didnt mention the treaty. There in that Forum Nations like russia declared united is the role model. It it shows the u. S. Is not only at the table but the head of the table been it comes to treaty other governments will comply with our shirk their obligations whether we bind ourselves to them or not. Ive been asked to address something in particular. The controversial term sexual reproductive health. I took part in the last round when it was inserted and no better example of the way u. N. Bureaucracies disregard the will of nations by routinely misinterpreting International Obligations and instead pro mote their own agenda. First 23 nations oppose the temple throughout the negotiation. The large number would usually have ended debate. To get it to the treaty proponents had to resort to things like secret meetings and venues. Nation were assured during negotiation that the treaty created no new right and that the term would not be used to promote abortion. Yet, many nations took the additional step of putting it in the record on the days of adoption. 15 nations, nearly half of automatic the statements made that day focused on reinforcing the understanding including the american statement. Some reintegrated that at the time of signature believing it would be accepted and honored in good faith. Since the time of adoption their fears have come true. Countries are being pressured to change their laws. For example, in may, unicef announced that it interprets the Disabilities Convention and the convention on the rights of the child as giving children as young as 10 years old a right to considerable reproductive and Sexual Health services. Means that adults not the childs parents can supply sexual information and Services Without the parents knowledge. Second, human rights treaty body ignore it. In this case, the agreement does not include a right to abortion. Even before the disabilities treaty was adopted, in just a 10year period treaty bodies pressured more than 90 countries over 120 times to liberalize their law on abortion. Including the Human Rights Committee who told peru that carrying a disabled child to term was cruel and inhuman. The committees also pressured countries to remove the reservation and encowrnlgts other governments to pressure the countries. Sadly, the committee on the rights of persons with dainlts has taken up the practice and are already pressured spain and hungry on the abortion laws. Disability Committee Also told countries they should remove all reservation and includes reservations that preserve the supreme sincerity of National Constitutions over the treaty if there is a conflict. Now, in theory, treaty monitoring bodies have no authority to interpret treaties in ways that create new obligations or alter the substance of the treaty. In reality, they are accepting these interpretations as creating new obligations. The high courts of columbia and argentina change their abortion laws citing the u. N. Committee authorityive. Spain liberalized abortion in 2010 states it did so because of this treaty, and also the World Health Organization definition of are which has been rejected by u. N. Member states for 120 years. It third, the main problem with that is that these cases could reverberate in u. S. Law. The third point i want to make, this is not isolated just to this term. Its a systemic problem affecting a wide rage of social and Economic Policy that Americans Care about. The u. N. Human rights treaty systems in disarray. Things are so bad, last year the u. N. General assembly launched a process to overhaul the Monitoring Committee and attempt to hold them accountable. Even the United States said in those negotiations that before americans get more money to the u. N. Human rights treaty system we have to be sure the committees wont be doing business as usual. And the reform will have effect. Simply put, States Parties and u. N. Bureaucracies find themselves at logger head on the interpretation of the text of the treaty and on the very purpose of the u. N. Treaty system. We do well to steer clear of lending at further credibility or subjecting our own law to scrutiny. Even without ratifying the controversial treaty, americans are making life better for disabled persons all over the world through their generosity eu7 programs at u. S. Aide and countless over ways in our own laws. Our diplomats should continue to wield american credibility when promoting fairness, opportunities for persons with disabilities around the world. Thank you. Thank you. Professor meyer. Thank you, chairman menendez. Ranking member corker for the opportunity to appear before you today. Unlike my colleagues im not here either to support or oppose the convention. Rather im here hopefully to clarify the legal status of the work of committee on disabilities. Im a professor of International Law at the university of georgia an tomorrowly an attorney adviser at the state Department Office of legal adviser. Senators, as you know the crpd creates a committee on the right of persons with disability. Purpose to consider reports made by the States Parties and and then to make suggestions, recommendations, and comments on those reports. And with regard to the convention. In performing this task, the committee inevitably has to interpret the obligations that are created by the convention. These are interpretations that rshed by the committee are not legally binding and the committee does not have any authority to compel any changes to u. S. Law. There is no Legal Authority for that. Neither though are these interpretations without effect. The on obligations created by the convention are vague, and thus no state party is able to form any opinion about whether it or any other party is complying with the convention unless it forms some more specific notion of what substitutes compliance. Its; therefore, possible, that other states party would look to the committee and possible even likely the oh state parties look to the committee and the interpretation of the convention in forming their view of what counts as compliance with with the convention and the conventions obligations. This role for Expert Committee and Human Rights Organization has sometimes lead them to claim that their interpretation of the conventions are charged with implemented. While not legally binding are entitled to considerable authorityive weight. Its not a defined anywhere. Nevertheless, its the authority they have asserted. When they asserted at the state department has been clear to push back and point out that these interpretations issued by these committees are not legally binding. Nevertheless the claim of Authority Remains out there and somewhat unclarified. At the same time, declining to ratify the convention does not ensure that the committees interpretations will not asserted against the United States. The committees interpretation of the convention are possible basis for the formation of comair and International Law. It is formed from a consistent general state practice, but does not require the universal event of those governments that can be bound. Therefore the committees interpretsation could be basis of custom mare International Law. And more over, if the practice of Experts Committee under the human right body to cite to others work and interpretation of the human rights law when dealing with overlapping obligation. Therefore, its possible that the United States would find work interpretations from the committee on disabilities cited against it in other ratification bodies. Human rights treaty body. Therefore, if the United States does ratify the convention, a strong package can make clear that the United States does not view the work of the committee as a basis for forming custom air and International Law. Under by the states party. It go potentially beyond the understanding that was incorporated in the resolution for ratification last year. To make clear exactly what the United States views are with respect to the interpretation that are created by the committee. With that ill stop and i look forward to your questions. Thats the first time ive seen a law professor not take his full five minutes. [laughter] we climate compliment you for your preciseness. Lets start a round of questions. Thank you to the witnesses for testimony. An understanding or even reservation of understanding as you describe would clearly create a nullity as to any climb at e least in the context of american law. For purpose of domestic law it should be sufficient to ensure u. S. Courts, for example, not selfexecution declaration would be sufficient to ensure that u. S. Courts do not recognize, for example, private cause of action based upon the convention. Simply nullifying the claim of authority wouldnt affect the others to adopt interpretation of the convention coming out of the committee as it interpretation. Other state parties getting other countries. Yes. Sorry, other countries. Thank you. Secretary ridge, i understand youre a strong supporter of home schooling, and im sure youre aware of the arguments made last year and some made here today. Can you speak to that issue . Women, i certainly am during my time as governor, we saw a rather substantial increase in the number of children who were being home schooled for a variety of different reasons. I think my colleague, governor, attorney general, addressed this issue in his remarks. And frankly, theres some families with children with disabilities for many reasons choose to provide schooling at home. So i have a couple of thoughts on that. One, relying on the quality legal interpretation that ive had an opportunity to review, and also, recognizing the reservations and the understanding and the declaration that the committee worked to draft on to to the treaty considered last year. This matter is addressed. This treaty is not effect the ability of a parent to act in a best interest of the child, and its, again, according people whose opinion i respect. The fact of the matter is the treaty cannot be interpreted to prohibit any parent from home schooling their children. For me, its absolutely a nonissue and im a strong proponent of home school. Thank you. Congresswoman duckworth, you come from a family of military veterans and developed a close relationship with senator. And spent some time with you during your recovery. You have served assistant secretary for Veterans Affairs. What do you say to the critics who say this treaty doesnt help u. S. Veterans . What do you say to the assertion that it speaks for veterans and opposes the treaty . Well, your microphone. Mr. Chairman, i would like to start by saying my understanding neither opposes nor supports the treaty. They are neutral on it. But i will tell you the iraq and afghanistan veterans of american, the American Legion, the blighted veterans of america all support the treaty. And recognize the fact our veterans should have the opportunity to travel internationally, especially our disabled veterans. They set a wonderful example whenever they go. I mentioned our post 9 11 g. I. Bill recipient who love to take advantage of foreign Study Programs so they can spend time in a foreign university. They cannot do that. When ive gone to visit germany and italy, our bases there, and visited with our Wounded Warriors. I often couldnt take them off post even on a fourhour task to go see the sites downtown. They were simply not assessable. And so i think that those states that the treaty would not help our veterans have to better understand the situation for our military men and women and their families. Many of these posts are duty stations that are veried a van teenage use toward ones career. If you cant bring your family with you because you have a child with a disability or spouse with a disability, you have to make the tough choice. My career or leave my family behind . Thats not a choice i want any servicemember to have to make. Thank you. Let me ask you, there are many in the prolife community who disagree with you that the treaty somehow takes a position on the debate concerning abortion; isnt that true . First, i want to clarify something. I never said the treaty wouldnt help. I said the ratification. Will you answer my question. Yes, senator. Its True National right to life issue the in 2006 saying the treaty had nothing do with the abortion. And in fact, we found that after that time that the treaty body is in fact interpreting that. The argument isnt with me so much the committee that is in fact dozen of countries that prohibit or restrict access to abortion including chile, el salvador have ratified the treaty. They are prolife. More over, the president of the catholic family and Human Rights Institute, which i understand is your boss, penned an article entitled u. N. Disability treaty does not create abortion rights. The article describes in eat detail how the parties negotiate and the treaty made clear, that countries are free to keep their laws protecting the unborn in place and urges other prolife activist to stop arguing about the phrase. From those who employ you are different point of view. I ask unanimous consent to include the article in the record. Senator corker. Thank you, mr. Chairman. I would like to ask unanimous consent whatever materials they have can be entered to the record. Without objection. Thank you. I would imagine that every senator here on the whole idea of having a convention for the right to people with disabilities would want to support that. I cant imagine anybody looks ating . That might advance the right of people with disabilities. I think people start it a great deal of optimism. Its my sense that mr. Ridge and miss duckworth want to see the righted a varnsed throughout the world and want to see the u. S. Playing leadership in that area. At the same time, i would assume that the three of you not want a convention to have any effect whatsoever on domestic law. You wouldnt want a treaty we have we are all in agreement with that . It seems to me that instead of, you know, maybe taking an approach where we try to look at people, have concerns like that as enemies the concern would be to figure out a way to make sure that you have a treaty that advances the effort that the three of you are here about and have done a wonderful job with. At the same time, to try to make sure that the treaty doesnt have the unintended consequences like the case that is pretty phenomenal that today the Supreme Court is hearing a case where the exact thing occurred. My question, first, to mr. Meyer, to ask you the question. We have the ruds issue, hopefully well be examining over the next few weeks. S there a way, in your opinion, to rite it on the front end of treaty that would absolutely ensure theres no way for this