S5732 CONGRESSIONAL RECORD — SENATE July 31, 2012 

the protection of rights of individuals with 

disabilities on an equal basis with others, including individuals in other protected 

groups, and does not require adoption of a 

comparable worth framework for persons 

with disabilities. 

(4) Article 27 of the Convention provides 

that States Parties shall take appropriate 

steps to afford to individuals with disabilities the right to equal access to equal work, 

including nondiscrimination in hiring and 

promotion of employment of persons with 

disabilities in the public sector. Current interpretation of Section 501 of the Rehabilitation Act of 1973 exempts U.S. Military Departments charged with defense of the national security from liability with regard to 

members of the uniformed services. The 

United States of America understands the 

obligations of Article 27 to take appropriate 

steps as not affecting hiring, promotion, or 

other terms or conditions of employment of 

uniformed employees in the U.S. Military 

Departments, and that Article 27 does not 

recognize rights in this regard that exceed 

those rights available under U.S. Federal 

law. 

(5) The United States of America understands that the terms ‘‘disability,’’ ‘‘persons 

with disabilities,’’ and ‘‘undue burden’’ 

(terms that are not defined in the Convention), ‘‘discrimination on the basis of disability,’’ and ‘‘reasonable accommodation’’ 

are defined for the United States of America 

coextensively with the definitions of such 

terms pursuant to relevant United States 

law. 

(6) The United States of America understands that the Committee on the Rights of 

Persons with Disabilities, established under 

Article 34 of the Convention, is authorized 

under Article 36 to ‘‘consider’’ State Party 

Reports and to ‘‘make such suggestions and 

general recommendations on the report as it 

may consider appropriate.’’ Under Article 37, 

the committee ‘‘shall give due consideration 

to ways and means of enhancing national capacities for the implementation of the 

present Convention.’’ The United States of 

America understands that the Committee on 

the Rights of Persons with Disabilities has 

no authority to compel actions by states 

parties, and the United States of America 

does not consider conclusions, recommendations, or general comments issued by the 

committee as constituting customary international law or to be legally binding on the 

United States in any manner. 

(7) The United States of America understands that the Convention is a non-discrimination instrument. Therefore, nothing 

in the Convention, including Article 25, addresses the provision of any particular 

health program or procedure. Rather, the 

Convention requires that health programs 

and procedures are provided to individuals 

with disabilities on a non-discriminatory 

basis. 

(8) The United States of America understands that, for the United States of America, the term or principle of the ‘‘best interests of the child’’ as used in Article 7(2), will 

be applied and interpreted to be coextensive 

with its application and interpretation under 

United States law. Consistent with this understanding, nothing in Article 7 requires a 

change to existing United States law. 

c. Declarations.—The advice and consent of 

the Senate to the ratification of the Convention is subject to the following declarations: 

The United States of America declares 

that the provisions of the Convention are not 

self-executing. 

The Senate declares that, in view of the 

reservations to be included in the instrument of ratification, current United States 

law fulfills or exceeds the obligations of the 

Convention for the United States of America. 

INTRODUCTION OF BILLS AND 

JOINT RESOLUTIONS 

The following bills and joint resolutions were introduced, read the first 

and second times by unanimous consent, and referred as indicated: 

By Mr. BINGAMAN (for himself, Mr. 

ALEXANDER, and Mr. DURBIN): 

S. 3459. A bill to amend the Department of 

Energy High-End Computing Revitalization 

Act of 2004 to improve the high-end computing research and development program of 

the Department of Energy, and for other purposes; to the Committee on Energy and Natural Resources. 

By Mr. COONS (for himself, Mr. ENZI, 

Mr. SCHUMER, and Mr. RUBIO): 

S. 3460. A bill to amend the Internal Revenue Code of 1986 to provide for startup businesses to use a portion of the research and 

development credit to offset payroll taxes; to 

the Committee on Finance. 

By Mr. BROWN of Ohio (for himself, 

Mr. WICKER, Mr. KERRY, Mr. 

BLUMENTHAL, Mr. WHITEHOUSE, and 

Mr. BEGICH): 

S. 3461. A bill to amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or 

conditions; to the Committee on Health, 

Education, Labor, and Pensions. 

By Mr. LEAHY (for himself, Mr. 

GRASSLEY, and Mr. KOHL): 

S. 3462. A bill to provide anti-retaliation 

protections for antitrust whistleblowers; to 

the Committee on the Judiciary. 

By Mr. FRANKEN (for himself, Mr. 

LUGAR, Mr. ROCKEFELLER, Ms. COLLINS, Mrs. SHAHEEN, Mr. WYDEN, Mr. 

BLUMENTHAL, and Mr. BROWN of 

Ohio): 

S. 3463. A bill to amend title XVIII of the 

Social Security Act to reduce the incidence 

of diabetes among Medicare beneficiaries; to 

the Committee on Finance. 

By Mr. JOHNSON of South Dakota: 

S. 3464. A bill to amend the Mni Wiconi 

Project Act of 1988 to facilitate completion 

of the Mni Wiconi Rural Water Supply System, and for other purposes; to the Committee on Energy and Natural Resources. 

By Mr. JOHNSON of Wisconsin: 

S.J. Res. 48. A joint resolution disapproving the rule submitted by the Internal 

Revenue Service relating to the health insurance premium tax credit; to the Committee 

on Finance. 

f 

SUBMISSION OF CONCURRENT AND 

SENATE RESOLUTIONS 

The following concurrent resolutions 

and Senate resolutions were read, and 

referred (or acted upon), as indicated: 

By Mr. MANCHIN: 

S. Res. 534. A resolution congratulating the 

Navy Dental Corps on its 100th anniversary; 

to the Committee on Armed Services. 

f 

ADDITIONAL COSPONSORS 

S. 19

At the request of Mr. HATCH, the 

name of the Senator from North Dakota (Mr. HOEVEN) was added as a cosponsor of S. 19, a bill to restore American’s individual liberty by striking 

the Federal mandate to purchase insurance. 

S. 202

At the request of Mr. PAUL, the name 

of the Senator from Illinois (Mr. KIRK) 

was added as a cosponsor of S. 202, a 

bill to require a full audit of the Board 

of Governors of the Federal Reserve 

System and the Federal reserve banks 

by the Comptroller General of the 

United States before the end of 2012, 

and for other purposes. 

S. 225

At the request of Ms. KLOBUCHAR, the 

names of the Senator from California 

(Mrs. FEINSTEIN), the Senator from 

New York (Mr. SCHUMER) and the Senator from Rhode Island (Mr. WHITEHOUSE) were added as cosponsors of S. 

225, a bill to permit the disclosure of 

certain information for the purpose of 

missing child investigations. 

S. 339

At the request of Mr. BAUCUS, the 

name of the Senator from North Carolina (Mrs. HAGAN) was added as a cosponsor of S. 339, a bill to amend the 

Internal Revenue Code of 1986 to make 

permanent the special rule for contributions of qualified conservation 

contributions. 

S. 362

At the request of Mr. WHITEHOUSE, 

the name of the Senator from New 

Hampshire (Mrs. SHAHEEN) was added 

as a cosponsor of S. 362, a bill to amend 

the Public Health Service Act to provide for a Pancreatic Cancer Initiative, 

and for other purposes. 

S. 678

At the request of Mr. KOHL, the name 

of the Senator from Iowa (Mr. GRASSLEY) was added as a cosponsor of S. 678, 

a bill to increase the penalties for economic espionage. 

S. 818

At the request of Mr. KERRY, the 

name of the Senator from Rhode Island 

(Mr. WHITEHOUSE) was added as a cosponsor of S. 818, a bill to amend title 

XVIII of the Social Security Act to 

count a period of receipt of outpatient 

observation services in a hospital toward satisfying the 3-day inpatient 

hospital requirement for coverage of 

skilled nursing facility services under 

Medicare. 

S. 845

At the request of Mr. ENZI, the name 

of the Senator from Alaska (Mr. 

BEGICH) was added as a cosponsor of S. 

845, a bill to amend the Internal Revenue Code of 1986 to provide for the logical flow of return information between 

partnerships, corporations, trusts, estates, and individuals to better enable 

each party to submit timely, accurate 

returns and reduce the need for extended and amended returns, to provide 

for modified due dates by regulation, 

and to conform the automatic corporate extension period to longstanding regulatory rule. 

S. 847

At the request of Mr. LAUTENBERG, 

the name of the Senator from Hawaii 

(Mr. AKAKA) was added as a cosponsor 

of S. 847, a bill to amend the Toxic Substances Control Act to ensure that 

risks from chemicals are adequately 

understood and managed, and for other 

purposes. 


tjames on DSK6SPTVN1PROD with SENATE