John McCain

Mr. McCAIN

Mr. McCAIN. I ask unanimous consent the following Senators be added as cosponsors to my amendment No. 3051: Senators Inhofe, Ayotte, Brown of Massachusetts, and Webb.

Mr. McCAIN. Mr. President, are we going to voice-vote the amendment at this time?

Mr. McCAIN. I urge adoption of the amendment.

Mr. McCAIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. McCAIN. Mr. President, reserving the right to object, I ask that the Senator modify his request that the Senator be immediately followed by Senator Kyl to offer an amendment, with the proviso that it is cleared by the majority.

Mr. McCAIN. Mr. President, I will be asking for the yeas and nays at the appropriate time.

Mr. McCAIN. Mr. President, I inquire of the Chair, what are we waiting for?

Mr. McCAIN. Mr. President, I call up amendment No. 3051 and ask for its immediate consideration.

Mr. McCAIN. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

Mr. McCAIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. McCAIN. Reserving the right to object, but I am not objecting, I wish to engage in a colloquy with the distinguished chairman. Is it our intention to continue to consider amendments following this amendment, and I don't know whether there is a possibility of votes, but we certainly--isn't it correct to say we could consider amendments, and we will try to dispose of them given the limited time we have to consider the bill?

Mr. McCAIN. Debate.

Mr. McCAIN. I thank my friend, and I do not object.

Mr. McCAIN. Mr. President, I ask unanimous consent for 2 additional minutes for the Senator from Indiana.

Mr. McCAIN. I thank the chairman.

Mr. McCAIN. I yield all remaining time.

Mr. McCAIN. Mr. President, I thank the distinguished chairman. I think we have made reasonably good progress today. I think we have disposed of a number of important amendments. We still have a number of issues, particularly the detainee issue, which will probably require that we have a number of speakers. But also I hope we could reach a time limit on that. The Senator mentioned that there may be possibly a side-by-side or a second-degree amendment to the Ayotte amendment. But I think the chairman would agree, we have made pretty good progress. We have still got quite a long way to go. We have a full day tomorrow. Hopefully we can get it down to a bare minimum of amendments so we can finish. I thank all of our colleagues for their cooperation. We thank the Senator from North Carolina for discussing her amendment this evening.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that LCDR Todd Ladwig, a Navy fellow in my office, and interns Jackie Kerber, Tassilo von Bismark, and Daniel Edwards, be allowed floor privileges for the duration of the Senate's debate on S. 3254, the National Defense Authorization Act.

Mr. McCAIN

Mr. McCAIN. Mr. President, I think my colleagues and I who have been here for a while remember one of the more moving moments that we experienced in our service here, and that was the signing of the disabilities law on the White House lawn. Bipartisan members of the disabled community were there. The President of the United States, George Herbert Walker Bush, and so many others were there. One of the prime individuals who was largely responsible was our beloved leader at that time, Bob Dole, a man who epitomized, in my view, how a disability can be overcome to go to the highest levels of American Government. I freely admit that I love Bob Dole. I listen to him. I appreciate his leadership. I think the majority leader would agree that we appreciated his bipartisanship during a great deal of his time. I hope my colleagues will, before deciding to vote, at least listen to the letter that was addressed to all of us by Senator Bob Dole which we received yesterday: As you may know, tomorrow the Senate will vote on the Convention of the Rights of Persons with Disabilities, CRPD. Unfortunately, I am currently at Walter Reed and so cannot call you personally, but wanted to connect with you via e- mail on this time sensitive matter and ask for your help. I hope you will support this important treaty. The CRPD is the first international treaty to address disability rights globally. It is an opportunity to advance the great American tradition of supporting the rights and inclusion of people with disabilities on a global basis. Ratification of the CRPD will improve fiscal, technological, and communication access outside the United States, thereby helping to ensure that Americans--particularly many thousands of disabled American veterans--have equal opportunities to live, work, and travel abroad. It will also create a new global market for accessibility goods. The CRPD is supported by a number of individuals and groups, including 21 veterans groups, 26 faith-based organizations, over 300 disability organizations, and the Chamber of Commerce. Your vote would help to reaffirm the goals of equality, access, and inclusion for Americans with disabilities--both when those affected are in the United States and outside of our country's borders. I would greatly appreciate your support of the CRPD. God bless America, Bob Dole.

Mr. McCAIN

Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCAIN. Madam President, before us for advice and consent is the Convention on the Rights of Persons with Disabilities, the CRPD. I support the treaty and urge my colleagues on both sides of the aisle to support it. In America, I do not believe anyone considers someone with a disability to have any less rights or protections than people without disabilities. I would suggest this reality is partly due to our values but also due to bipartisan efforts to codify in law that persons with disabilities are afforded equal access and protection from discrimination. Over 22 years ago members of both parties came together to pass the Americans with Disabilities Act. It is not only the law of the land but it is the template for the CRPD in countries around the world that are moving to update their laws. Both the ADA and the ADA amendments of 2008 were passed with wide bipartisan margins. They are examples that from time to time we can engage in a bipartisan effort in this body. In many countries accessibility to public spaces is not available to persons with disabilities. They are still discriminated against or cast aside in societies across the globe. Horrifically, infanticide occurs in many countries where children are born with disabilities. Protecting the rights of persons with disabilities, all persons, is not a political issue, it is a human issue. Regardless of where in the world a disabled person strives to live a normal, independent life, where basic rights and accessibilities are available, disability rights and protections have always been a bipartisan issue. Ratifying this treaty should be no different. Senator Durbin and I and Senator Kerry began months ago--with Senator Harkin, Senator Lugar, many others. We had been discussing months ago how we could work together in a bipartisan manner and build support for ratification of the treaty. As I mentioned, we have worked closely with Senators Moran, Barrasso, Coons, Tom Udall, Harkin, and others. I wish to thank them for their support and efforts to get us to this point. Senator Kerry deserves special recognition for scheduling a Foreign Relations Committee hearing and a markup that favorably reported the measure out of the committee. I also wish to thank the majority leader for scheduling this treaty for consideration today. I think my colleagues should appreciate that this treaty is supported by over 300 disability organizations, at least 21 U.S. military veterans service organizations, the U.S. Chamber of Commerce, and many other organizations. It is not an accident that literally every veterans organization in this country supports this treaty because it is our veterans, many of whom are coming home as we speak, who will live and travel abroad and will benefit from this treaty. As I have been traveling around the world where conflict is ever present, I have seen that so many people will benefit from the principles embodied in the treaty. So I would argue this effort is probably more important today in the world than it has been in the past. Another strong supporter of this treaty is one of my closest friends and heroes, Bob Dole. As you know, Bob has dedicated nearly his entire life to this country, through his military service and, following that, many years in public service. He has dedicated the past several months to encourage support in the Senate for this treaty. Earlier, I read a statement from Bob. I would like to mention some parts of the statement. I will point out rather poignantly he says: It was an exceptional group I joined during World War II, which no one joins by personal choice. It is a group that neither respects or discriminates by age, sex, wealth, education, skin color, religious beliefs, political party, power, prestige. That group, Americans with disabilities, has grown in size ever since. So, therefore, has the importance of maintaining access for people with disabilities to mainstream American life, whether it is access to a job, an education, or registering to vote. I will not go through Bob Dole's entire statement. I would point out there are still thousands and thousands and thousands of his comrades who came home disabled in some respect--Bob, of course, in the most painful way. We all recall, with some nostalgia and appreciation, that he and our other wonderful hero Senator Inouye spent time in the same hospital following World War II going through very difficult periods of rehabilitation, a friendship that was forged there that has lasted ever since. I can assure you there is nothing Bob Dole would want more than to be here on the floor of this Senate delivering his own speech before the Senate and urging colleagues to consider this treaty based on facts and on our values that ensure, protect, and advance the rights of persons with disabilities, whether on U.S. soil or around the globe where we can make a difference. I received a letter today from--it is very difficult for me to pronounce his name, but I will try--from one individual, Chen Guangcheng. He is an individual who is a blind Chinese activist who recently came to the United States of America thanks to the efforts of many of the leaders in our administration, including the Secretary of State. I wish to quote from his letter. This is an individual who is blind, who fought for human rights in his country, in China, and now, thank God, is in the United States of America. His letter says: Dear Senators, I am writing you to personally ask for your support for the Convention on the Rights of Persons with Disabilities. As you know, my work on civil rights began with trying to ensure that people with disabilities in my home country of China were afforded the same rights as everyone else. The CRPD is making this idea real in significant ways around the world. Today, worldwide there are over 1 billion people with disabilities, and 80 percent of them live in developing countries. Disability rights is an issue that the world cannot afford to overlook. When the United States enacted the Americans with Disabilities Act over twenty years ago, the idea of true equality for people with disabilities became a reality. Many nations have followed in America's footsteps and now are coming together under shared principles of equality, respect, and dignity for people with disabilities as entailed in the CRPD. The U.S.--which was instrumental in negotiating the CRPD--can continue to advance both its principles and issues of practical accessibility for its citizens and all people around the world, and by ratifying the treaty, so take its rightful place of leadership in the arena of human rights. As I continue my studies in the United States, it is a great pleasure to now learn firsthand how the U.S. developed such a comprehensive and strong system of protection for its citizens with disabilities. I am so hopeful that you will support ratification and allow others to benefit from these triumphs. Thank you for your leadership. That is a very moving letter from a man who risked his very life, a man who is blind but still risked his life for the freedom of others, including rights in his country for individuals with disabilities. There is a letter we have from former Attorney General Dick Thornburgh and White House Counsel Boyden Gray. They wrote to the Foreign Relations Committee to address issues being raised by opponents, particularly homeschool advocates who believe parental rights to homeschool or make decisions for their children will be impaired. I take it that my colleague, the Senator from Massachusetts, addressed this aspect of the concerns the homeschoolers have.

Mr. McCAIN. Here is what they wrote, the former Attorney General--I have been blessed to live and know many Attorneys General, but I think all of us on both sides of the aisle would agree that Dick Thornburgh ranks up there at the top. This is what they write concerning the issue of homeschooling: Nothing in this treaty prevents parents from homeschooling or making decisions for their children. This treaty embraces IDEA, the ADA, and all of the disability nondiscrimination legislation that has made the United States a leader on disability rights. The specific provisions on women and children state that women and children with disabilities cannot be the victims of illegal discrimination--as is the case under U.S. law. Furthermore, the CRPD recognizes and protects the important role of the family and specifically protects children from being separated from their parents on the basis of a disability. We take a back seat to no one in our defense of the rights of parents to raise their children or in our support for our federalist system of government with sovereignty at both the Federal and State levels of government. Some opponents are also suggesting that somehow the U.S. law or existing parental rights would be impacted by supporting the treaty. Attorney General Thornburgh and White House Counsel Gray address this as well: We understand that some are claiming that changes in U.S. law would be necessary to implement the obligations the U.S. will undertake as a result of ratifying the treaty, or that the RUDs that the Senate will approve will not have the force of law. Such claims are not correct and, quite simply, extraordinary. When the U.S. Senate attaches conditions to its consent to a treaty, they are binding on the President, and the President cannot proceed to ratify a treaty without giving them effect. The Senate has a long tradition of careful consideration and frequent adoption of limited RUDs, as is the case here. Any claims that such limited conditions do not have the force of law, or are inconsistent with the object and purpose of a treaty on disabilities that U.S. laws inspired in the first place, is contrary to the long-held position articulated by the Senate--regardless of which party is in control (and in spite of whatever theories that may momentarily exist in academic circles). Administrations of both parties have also uniformly held this view. In 1995 the U.S. stated that ``reservations are an essential part of a State's consent to be bound. They cannot simply be erased. This reflects the fundamental principle of the law of treaties: obligation is based on consent. A State which does not consent to a treaty is not bound by that treaty. A State which expressly withholds its consent from a provision cannot be presumed, on the basis of some legal fiction, to be bound by it.'' Furthermore, the CRPD protects the critical role of the family by specifically recognizing the role of parents in raising children with disabilities, and prohibits the dissolution or separation of families because one or both of the parents are persons with disabilities. Article 23, entitled ``Respect for home and family,'' provides that ``children with disabilities have equal rights with respect to family life,'' that nations ratifying the treaty have an obligation to ``undertake to provide early and comprehensive information, services, and support to children with disabilities and their families, and that ``(i)in no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.'' Finally, the CRPD will provide much-needed protection in other countries where there is no provision for birth certificates or birth registration for children with disabilities. In particular, it will help protect against the horrible practice of infanticide of children born with disabilities--a practice that can be facilitated through the denial of birth certificates or registration to disabled babies. Every action we have ever taken on disability policy has been bipartisan. Being able to live independently is a basic human dignity we support, and it is a value we can help advance internationally by supporting this treaty. I would like to say in closing that I thank both of my colleagues, Senator Lugar and Senator Kerry. I think we might think just for a moment, in conclusion, about the fact that there are various conflicts going on around the world. In Syria, we have seen 40,000 killed, and I don't know how many--100,000, 200,000 who have been wounded, many of them innocent women and children, because of the ferocity and barbaric conduct of this conflict. I don't know how many people today in China are subject to infanticide because there is not a birth certificate available. And we know that practice, not only in China but in other parts of the world--a lot of it in Asia--goes on. We live in a very troubled and turbulent world. Not only will we have the normal, usual situation--and I mean normal--there are people who are born with disabilities from time to time. I have had the honor of knowing children, as all of us have, and there are no more loving and caring people in the world than our children and our citizens who have disabilities. There are going to be a lot more because of the conflicts that are going on in various places in the world. They might deserve our special attention because they are living in countries that will have a lot less of the rule of law, a lot less ability to care for them, particularly in the short term. Whether it be Libya, whether it be Syria, whether it be Iraq, or whether it be Afghanistan, all of these countries, we are going to have citizens who have been the victims of the violence of war. I believe the best thing we can do for them in the short term is take whatever action we can to see that they are not discriminated against, that they receive the same protections we guarantee our Americans with disabilities, and that they are afforded an opportunity to live full and beautiful lives. Finally, I would like to say that my two friends and I have been around this place for quite a while--in the view of many, perhaps too long--but the fact is that one of the highlights of our shared experiences was on the lawn of the White House when a guy, Holmes Tuttle--remember one of the leaders of the disabilities movement, Mr. Tuttle--and others from the disabilities community were there, and the President of the United States at the time, President Herbert Walker Bush, and our beloved Bob Dole were there. It was a great moment for all of us. It was a great moment for America. It was all of us doing something, contributing in a small way to make better the lives of people who otherwise may have had great challenges in having the kinds of lives we want every American citizen to lead. I believe that this treaty, this action is an adequate and important followup because I don't think there is anybody who denies--yes, there are problems with any legislation of the sweeping magnitude and scope of the ADA, but I don't know of anybody who doesn't believe it was a magnificent success and an enormous contribution to making the lives of our citizens with disabilities better than they otherwise would have been. So wouldn't we want that same thing to happen to everyone in the world? Wouldn't we want these children who are going through such difficult times in their lives and wouldn't we want those who have been wounded and maimed to have an opportunity for a better life? Wouldn't we want to, as Americans, be proud that we blazed the trail with the ADA in a really remarkable shift and change and an act of almost miraculous benefit to so many of our citizens, wouldn't we want that also to apply to the other citizens of the world? I think most of us would, and I think most of the American people who are paying attention to this believe that. That is why so many of our veterans organizations are in support. That is why so many in the disabilities community are in support. That is why there are so many charitable organizations that are in support. So I again thank both of my colleagues and tell them that I certainly hope we can convince all of our colleagues that one of the nicest things we could do as a Christmas present for people around the world is to ratify this treaty. Madam President, I yield the floor.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent to address the Senate as in morning business.

Mr. McCAIN. Mr. President, I yield the floor.

Mr. McCAIN

Mr. McCAIN. Mr. President, I would like to express my appreciation for Senator Lieberman's and Senator Collins' hard work. We have had some disagreements. I still believe that if we could have, say, five amendments that would be voted and debated, I think we could move forward with this bill. I truly believe that. I would like to see, possibly even right after this vote, if we could reach some agreement between the leaders and ourselves that we could say there would be five pending amendments and perhaps we could go ahead and debate and vote on those. I, again, think we have some very significant differences, but the fact that the chairman and the two cochairmen or whatever they call themselves have worked incredibly hard on this issue, they deserve debate. I hope they would understand we are seeking like five amendments.