[Congressional Record Volume 158, Number 149 (Tuesday, November 27, 2012)]
[Senate]
[Pages S6929-S6936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Detention of Elton ``Mark'' McCabe
Mr. VITTER. Mr. President, I rise to note grave concern on behalf of
a constituent of mine and his family. Elton ``Mark'' McCabe, a
businessman from Slidell, LA, has been held against his will in the
custody of South Sudanese officials since October 14--for several weeks
now, going on a month, through Thanksgiving.
Mark McCabe was in Africa, South Sudan, with business partners
pursuing business opportunities, doing everything by the book, legally,
ethically, and apparently, for reasons we don't yet fully understand,
business competitors or business enemies of his had some sway with
South Sudanese officials in a particular portion of the government with
the security force, and he was taken into custody. He was charged with
vague, very serious crimes and has been held against his will for these
many weeks. I won't go into all the details, but it has been a long
torturous experience.
I have been on the phone constantly, virtually every day, with State
Department officials, with the South Sudanese Ambassador to the United
States, with others, trying to demand basic due process and basic
justice.
Things have gotten a little better in the last week, and a few days
ago there was a hearing before a judge regarding these trumped-up
charges. When the prosecution had basically no facts and no evidence to
present, the judge virtually laughed in their face with regard to this
lack of a case. Nonetheless, the prosecution asked for 3 more days to
get its house in order, to get its notes in order, possibly just to try
to save face by dropping these trumped-up charges against Mr. McCabe
rather than having them thrown out against their will by the judge. We
hope that is the case, we pray that is the case, but we don't know yet.
The next hearing before this same judge is going to be this Thursday.
So I come to the Senate floor to urge that judge and the South Sudanese
Government to do the right thing, to do justice and immediately release
Mark McCabe, who, again, has been held against his will, with no
evidence, with no meaningful charges against him, since October 14.
I want to repeat what I said directly to the South Sudanese
Ambassador to the United States. For many years we have built a strong,
positive, bilateral relationship, but that relationship depends on
appropriate trust between the parties and appropriate action. And we
are looking at this case very seriously. We are looking at this case as
a test of their judicial system, as a test of their appropriate
intentions. If this completely unjustified detention continues, I vow
that I will personally make sure there are consequences and
repercussions to that relationship because there should be. They have
violated basic fundamental legal and human rights of U.S. citizens.
I am hopeful based on what happened in South Sudan a few days ago,
but, to quote President Ronald Reagan, trust but verify. And we are
going to verify one way or the other come Thursday. The matter is very
simple: Even though Mark McCabe has been held against his will for
weeks and weeks, finally, at this late date, we fully expect this sorry
state of affairs to end on Thursday. And if these trumped-up, frivolous
charges continue, if he continues to be held against his will, I
promise I will make those statements to the South Sudanese Ambassador
ring true. I promise I will follow up and take action because this is
absolutely outrageous.
I know we all join to pray for justice, to pray for Mr. McCabe's
safekeeping. He has a serious heart condition. Indications are that he
actually suffered a mild heart attack while in the custody of South
Sudanese officials. So we pray for him, and we very much expect and
look forward to his quick return to his home in the United States.
Mr. President, I yield the floor.
Mr. LUGAR. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. Shaheen). The clerk will call the roll.
The bill clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HARKIN. Madam President, I rise to support the ratification of
the U.N. Convention on Rights of Persons with Disabilities or, as it is
known, the CRPD.
First, I wish to thank Chairman Kerry of the Senate Foreign Relations
Committee for his diligence and for his leadership on this issue. He
has carried it through the committee; he has brought it to the floor.
In fact, I was reminded earlier today, we were both on the committee
back in the 1980s when we first started working on the Americans with
Disabilities Act under the tutelage, really, of Senator Lowell Weicker,
who remains a great friend to this day and is still a great leader on
the issues of people with disabilities. So we go back that far working
together on these issues.
I thank Senator Kerry for his great leadership in bringing us to this
point and, hopefully, the point being that we are going to ratify this
wonderful treaty.
I thank Senator Lugar again for all of his efforts through so many
years on so many different issues, and on this issue especially, going
back to the beginning of the Americans with Disabilities Act. If I
might divert from this just for one brief moment to thank Senator Lugar
for his leadership in making the world safer by getting rid of nuclear
weapons in the Soviet Union. What a singular effort that has been.
Senator Lugar has done much to make the world a better place for us and
for our kids and grandkids. So I salute him for his wonderful
leadership in that area.
Senator McCain, of course, was here and worked with us on the
Americans with Disabilities Act back in 1989 and 1990. He was very much
involved in it; Senator Durbin, Senator Barrasso, Senator Moran,
Senator Udall, and
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Senator Coons, I guess all of whom worked very hard to secure the
ratification of this important convention.
As the chairman of the Committee on Health, Education, Labor and
Pensions and as the lead Senate author of the Americans with
Disabilities Act, I want the United States to become a party to this
convention so we can apply the expertise we have developed under the
ADA and help the rest of the world remove barriers to full
participation and to honor the human rights of citizens with
disabilities. One of my greatest joys in the Senate has been my work
with so many Senators on the Americans with Disabilities Act of 1990.
The ADA stands for a simple proposition: that disability is a natural
part of the human experience and that all people with disabilities have
an inherent right to make choices to pursue meaningful careers and to
participate fully in all aspects of society. So thanks to the ADA, our
country is a more welcoming place not just for people with a variety of
disabilities but for everyone.
Twenty-two years ago, on July 26, 1990, President Bush gathered
hundreds of Americans with disabilities on the White House lawn for the
ADA signing ceremony, and here is what he said. It is wonderful.
This historic act is the world's first comprehensive
declaration of equality for people with disabilities--the
first. Its passage has made the United States the
international leader on this human rights issue.
Well, thanks to the ADA and other U.S. laws, America is showing the
rest of the world how to honor the basic human rights of children and
adults with disabilities, how to integrate them into society, how to
remove barriers to their full participation in activities that most
Americans just take for granted.
Our support for disability rights inspired a global movement that led
the United Nations to adopt the CRPD. In fact, I might just add
parenthetically that after the Americans with Disabilities Act was
adopted, we had people from many countries come here. I can think of,
first, Russia. Then it was Greece, Ireland, Great Britain, as well as a
number of people from other countries who came here to learn what we
had done and then to pick it up and move forward in their own
countries. Our legal framework influenced the substance of the
convention and is informing its implementation in the 125 countries, I
think, that have ratified it along with the European Union.
My staff was involved in 2002 when the U.N. first broached this
subject of coming up with a convention and, in turn, provided to them
the substance of the Americans with Disabilities Act, its history, its
provisions, and what had been done from its adoption in 1990 until 2002
and the changes that it had brought about in our own country. So,
really, I think the Americans with Disabilities Act informed and laid
the basis for what the U.N. began to do in 2002 and completed in 2006.
So, again, I am very grateful for the leadership of Senator Kerry,
Senator McCain, as well as Senator Dole, who I know is not able to be
with us right now, but I thank them for all of their support for the
ratification of the CRPD. I also appreciate that former President
George H.W. Bush, his White House Counsel Boyden Gray, Attorney General
Dick Thornburg, former Congressman Steve Bartlett, and Tony Coelho have
all been actively supporting this ratification.
I am also grateful for the support from the U.S. business community,
including, clearly, the U.S. Chamber of Commerce and the Information
Technology Industry Council for ratification of this treaty. Because of
their experience with the ADA, American businesses have developed
expertise they can apply in the global marketplace in a way that gives
them a competitive advantage. If we are a party to the convention, the
U.S.-based companies with this expertise will be on much more solid
footing when they are seeking to help other countries write and
implement domestic legislation consistent with the convention and
consistent with U.S. standards for accessibility and equal opportunity.
Like the Americans with Disabilities Act, the CRPD enjoys widespread
support in the disability, civil rights, business, veterans, and faith-
based communities. I could be off a little bit, but as of the writing
of this statement we have letters of support from more than 250
American disability organizations, 21 veterans service organizations--
and I caught some of the comments made by our distinguished chairman,
Senator Kerry, in talking about veterans and our wounded warriors as
they travel around the world and being able to access in other parts of
the world what they can access here in America; a very good point--and
26 faith organizations also in support of the CRPD. These entities all
realize the critical importance of America's position as a global
leader on disability rights. They want our country to have a seat at
the table and to share that expertise as the States Parties to the
Convention work to implement it around the world.
I might add here, under the convention a committee will be
established to assist and to help other countries in implementing and
changing their laws and conforming. If we are a party to this, we get a
seat at the table. If we are not a party to it, we will not have a seat
at the table. Why shouldn't we have a seat at the table? We have been
the world leaders. So by ratifying this convention, the United States
will be reaffirming our commitment to our citizens with disabilities.
Americans with disabilities should be able to live and travel, study
and work abroad with the same freedoms and access they enjoy here in
this country. Again, as other countries that have been signatories to
this treaty grapple with how to change their systems and to make their
systems more accessible, we can be at the table helping them to
implement this treaty and to learn from our experience.
The administration has submitted reservations, understandings, and
declarations that make clear that U.S. ratification will not require
any change in U.S. law and will have no fiscal impact. The Senate
Foreign Relations Committee has modified these reservations,
understandings, and declarations to address concerns that were raised
in the committee markup.
Although U.S. ratification of the CRPD will not require changes in
U.S. law and will not have a fiscal impact, I think it is very clear
that U.S. ratification will have a clear moral impact. It will send a
signal to the rest of the world that it is not OK to leave a baby with
Down Syndrome on the side of the road to die, it is not OK to warehouse
adults with intellectual and psychiatric disabilities in institutions,
chained to the bars of a cell, when their only ``crime'' is having a
disability, it is not OK to refuse to educate children because they are
blind, deaf, or use a wheelchair, it is not OK to prevent disabled
people from voting, getting married, owning property, or having
children, it is not OK to rebuild infrastructures in Iraq or
Afghanistan or Haiti or other war-torn or disaster-stricken areas
without improving the accessibility of the infrastructure at the same
time.
Former President Reagan frequently talked about America as a city on
a hill, a shining example for the world of a nation that ensures
opportunity and freedom for all its people. Thanks to our country's
success in implementing the ADA, advancing that law's great goals of
full inclusion and full participation, America, indeed, has become a
shining city on a hill for people with disabilities around the globe.
By ratifying the CRPD, we can affirm our leadership in this field. We
can give renewed impetus to those striving to emulate us. We can give
them that renewed impetus by our example and by sitting down with them
and working with them only if we are a signatory to this treaty.
Again, you think about American exceptionalism. We are a pretty
exceptional country, when you think about it, in many ways. We are not
just exceptional because we have the most tanks and guns and bombs and
things such as that, but we are exceptional in what we have done in
terms of civil rights and human rights and to include all in our
family--our family being our citizenship. We took great strides.
America has always been evolving as a country to expand civil rights
and human rights, and one of the latest, of course, was to extend those
rights to people with disabilities in our society, making sure people
with disabilities had all the rights and opportunities that anyone
enjoys in our society.
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It seems to me that this is the kind of exceptionalism we ought to be
promoting around the globe. We ought to be proud. We should be proud of
what we have done as a country in this regard. We should not be
afraid--not be afraid--to join in a convention to extend to the rest of
the world what we have done here, basically, and to be helpful in
making sure that other countries can also attain that kind of a
standard that does not exclude anyone because of a disability from
their society.
I know there were some who were not part of the bipartisan vote to
support ratification in the committee. I understand that. But my hope
is that in the intervening time, in the course of Senate debate, we
will have addressed any remaining concerns, move forward with a strong
bipartisan vote to provide our advice and consent, and pass the
resolution supporting U.S. ratification of the CRPD with overwhelming
bipartisan support.
When we voted on the ADA in 1990, it was a vote where only 6 people
in the Senate voted against it--91 to 6. It was a historic law. My hope
is we can achieve the same kind of strong bipartisan statement of
support for the human rights of 1 billion people with disabilities
around the world.
As to those of us who travel a lot around the world--maybe I see it
more because of my involvement in this issue--I cannot begin to
describe how often it is people come up and ask us how we can help,
help them change so that people with disabilities can have more access,
be more involved. Many times I have been to countries where someone
comes up and may not know of my involvement in this issue, but through
the course of conversation--maybe it is someone in business, maybe it
is someone in government, in education--they mention this: They mention
accessibility because they have a brother, a sister, a friend, someone
who has a disability, and they talk about how easy it is for them in
America to get around, to move around, to go to school, to do business,
and they would hope that maybe their country could do the same. It
happens a lot. Here we are, we have the opportunity to be a key player
in this global effort.
It was important for us as a country for the first 10 to 20 years to
focus on our own internal problems in terms of advancing the cause of
people with disabilities, when you think about all the changes that
have come about in the last 22 years. And now we take a lot of it for
granted in terms of accessibility, mobility, education, health care,
job accessibility. It is just not unusual any longer to walk into a
business and see someone with a physical disability or an intellectual
disability working there. We kind of do not even think about it much
anymore. We do not think about kids with disabilities mainstreamed in
schools.
I remember when our oldest daughter was in grade school and IDEA was
just coming into force and effect, the Individuals with Disabilities
Education Act, and a child with a disability was integrated into the
classroom. There was this big hue and cry from a lot of the parents
about: Oh, this kid was going to be disruptive. And how are the other
kids going to learn?
Well, we got through that. Now we have a whole generation, what I
call the ADA generation, kids who were mainstreamed in school, and kids
without disabilities do not think anything about being their friends,
going to a ball game with them, going to the theater with them, working
alongside them. So we have this whole new generation where you do not
think about it any longer. It is a normal aspect of life.
That is not so in other countries. In other countries, it is still,
quite frankly, a sign of disgrace when a family has a child with a
disability. Well, it is time to get over that. By being a country
signing on to this, we can help them in so many ways. It is not just
kids or young people with physical disabilities; it is people with
intellectual disabilities. For how long have we looked down on people
with Down Syndrome, for example, and said: Well, they cannot do
anything? We segregate them in society. We send them to special
schools. We give them occupations that do not challenge them. Now we
have broken that down. Now so many people with intellectual
disabilities, we find, can do a lot of things, and they can be
challenged. And, yes, they can do competitive employment. They do not
need sheltered workshops. They can be in competitive employment, with
just a little support and a little training.
So many things have changed for the better in this country. It would
be a shame--be a shame--if all this good we have done through all
sectors of society--the business community, government, transportation,
education; all these things we have done to make sure people with
disabilities are not discriminated against and they have full
opportunities, all the opportunities that anyone else has in our
society--it would be a shame to say that somehow we are not going to
support a convention, an international convention that basically takes
what we have done and says: Here, world, this is what we should be
doing globally.
To have 125 countries already signed up to it, and here we are--those
who took the leadership in this area, everyone from the White House to,
as I say, the Chamber of Commerce, that was supportive of the ADA, the
business community that worked so hard on this--it would be a shame if
we did not ratify this and become players in this and have a seat at
the table to help the rest of the world attain what we have attained in
this country.
Again, I thank Senator Kerry and Senator Lugar, and so many others,
Senator McCain and others--I am probably forgetting to mention
someone--but so many people who have worked so hard to bring this issue
to this point.
I have to believe--yes, I know there are some Senators who have some
problems, and I do not question anyone's motives or anything like that.
I think some people do have, maybe, some concerns about this.
Hopefully, through the amending process, we can allay those concerns. I
hope we get resounding--resounding--support for the ratification of
this treaty and show the world that we are proud of what we have done,
and we want to join with the rest of the world in making sure they too
can advance and progress and have the same kind of support and
accessibility and opportunity for people with disabilities as we have
had in America.
Again, I thank my colleague and my classmate and my longtime friend
Senator Kerry for his leadership on this issue, and I hope we have a
resounding, overwhelming vote, just as we did for the Americans with
Disabilities Act 22 years ago.
I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Madam President, I thank the Senator from Iowa and I want
to comment quickly before I yield the floor to the Senator from
Minnesota. I also have a unanimous consent request.
I heard the Senator pay appropriate tribute to Senator Lugar for his
accomplishments in terms of making the world safer. I say to my friend,
without any question whatsoever in reserve that the accomplishment of
the ADA is one of those singular moments in the career of any U.S.
Senator and it made the world better here at home, and a lot of other
places if we get this done. The Senator from Iowa helped set that gold
standard, so I thank him for that and for the pleasure--there are only
three of us left from our class, so it is good to stand up with him
today, and I appreciate it enormously.
I ask unanimous consent that the time for debate only on the treaty
be extended until 6:30 p.m., with the time equally divided as provided
under the previous order; further, that at 6:30 p.m., the majority
leader be recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
I yield to the Senator from Minnesota.
Ms. KLOBUCHAR. I rise to discuss the importance of the Convention on
the Rights of Persons with Disabilities. I wish to thank Senator Kerry
and Senator Lugar for their outstanding leadership on this important
treaty, as well as Senator Harkin, my neighbor to the south, for all he
has done for people with disabilities.
For many years I have served on the advisory board of Pacer, which is
one of the Nation's greatest organizations for parents of kids with
disabilities, and saw firsthand what so many families go through every
day, the incredible courage and the love they show for
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their children and the inspiration so many people with disabilities
bring to our country.
To paraphrase Minnesota's own ``happy warrior,'' Hubert Humphrey, the
moral test of a government isn't just how it treats the young, the
healthy, and the able bodied, it is also how it treats the sick, the
elderly, and the disabled--those in need of a little extra support.
That may be the moral test of a government, but I believe it is also
the moral test of a people and the moral test of a country. Today, I
call on all my colleagues to vote to ratify the Convention on the
Rights of Persons with Disabilities for two simple reasons. First of
all, ratifying this treaty is about protecting the rights of U.S.
citizens who are living with disabilities overseas.
Right now, thousands of Americans with disabilities, including our
men and women in uniform, live, work, study, and travel abroad. I
believe these Americans deserve the same rights and protections they
would enjoy if they were living in the United States. This treaty is
about ensuring those rights and protections.
Second, ratifying this treaty is about advancing a core moral value
we all share as Americans, the idea that all people are created equal
and that we are all endowed by our Creator with certain inalienable
rights. Our country has long led the world as a beacon for equality and
human dignity. This treaty would elevate our role in promoting human
rights around the globe.
These are American values, but they are especially near and dear to
my heart as a Senator from Minnesota, where we have a long and proud
tradition of working to ensure that people with disabilities have
access to the same basic resources and opportunities as everyone else.
After all, it was the Minnesota Ramp Project that introduced a new
American model for building statewide standardized wheelchair ramps.
We are the State that sent Paul Wellstone to the Senate, where he
fought long and hard for mental health parity, something that finally
passed in the Senate and was signed into law after he died--but it was
signed into law. We are home to some of the most innovative centers for
the disabled in the country, including Pacer, that I already mentioned,
the Courage Center, and ARC.
We even have one of the most accessible baseball stadiums in the
country. We are looking forward to a better season for the Twins next
year, and we are so proud of our new stadium and how accessible it is
for people with disabilities. In many foreign countries, not even
schools and hospitals can meet these standards for people with
disabilities. When a person is not even able to get an education or
access to health care they need because of a disability, that is a very
big problem.
Even more troubling is the fact that some foreign countries lack laws
for protecting the disabled against discrimination, meaning they have
no recourse after being denied a job or an education or the use of
public services. Remember, these inequities do not just affect foreign
citizens, they affect Americans who are living in those countries.
So this is what is at stake: protecting our own citizens when they
travel to other countries and extending the values of equality and
justice we so cherish in our own country. It is important to note that
ratifying this treaty will not require any changes to U.S. law, nor
will it impact American sovereignty, nor will it incur costs to
taxpayers.
It has been endorsed by every major disabled person's rights
organization, every major veteran's service organization, the Chamber
of Commerce, and several Republican and Democratic administrations.
Protecting the rights of the most vulnerable among us is not a partisan
issue. It is an issue of decency and an issue of dignity. I believe it
is an issue we must all stand behind as Americans.
I urge my colleagues to ratify this treaty and move us forward in
advancing the rights of disabled people around the world.
I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Madam President, I wanted to thank the Senator from
Minnesota so much for taking time to come over. I know she did not
intend to earlier, but she cares about the issue and took the time to
come and share her thoughts with us. We are very appreciative. We
obviously hope the Twins do whatever they want, second only to the Red
Sox in the future.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCAIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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
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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.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. If I might just say to my colleague, the resolution
actually does address it, but I have not, so I think it would be
important, if the Senator wishes to address that.
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
[[Page S6934]]
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. KERRY. Madam President.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Madam President, I wish to thank the Senator from Arizona.
I thank him for his comments just now, but most importantly I really
appreciate his extraordinary leadership on this issue and a lot of
human rights issues, issues of conscience. He speaks with a very
important voice, and I think he knows I am always happier when he is
working with me than against me on any issue on the floor. I know he
used to pride himself in his fight occasionally with Senator Kennedy,
but he also prided himself enormously when they were able to get
together and work together.
I have certainly enjoyed the many things Senator McCain and I have
done together--most notably, I think, joining hands across a certain
belief divide to help end the war in Vietnam, the real war that kept
raging in the minds of a lot of people, and that was a 10-year journey
we made together. I am certainly proud of that and grateful to him.
But I want to come back to this treaty for a moment and Senator
McCain's efforts on it. I would say to my colleagues who have raised in
the minority report a couple of concerns--and none of us are dismissive
of those concerns--every Senator has the right to express their
beliefs, but I can't think of a Senator more compelled. He has been the
ranking member and chair of the Armed Services Committee and for years
has been one of the leading voices on defense issues and now the
defense of our Nation. Everybody knows his record in terms of personal
service. I think there is no Senator who comes to the floor arguing
more consistently the prerogatives of the United States of America with
respect to defending our Nation and upholding the Constitution.
I would ask my colleagues who are finding some reason to doubt this
treaty or to have some sense that it presents a threat to our country
to take appropriate note of Senator McCain's fervent commitment to this
and to the comments he made about former Attorney General Dick
Thornburgh. I knew the Attorney General when he was Attorney General. I
have enormous respect for him and for his career, and I think Senator
McCain was 100 percent correct when he quoted him in the record as
saying that nothing in this treaty will require any initiative by the
United States to change a law or to reduce any capacity of our courts
to uphold the Constitution of the United States. I think he did an
important service in his comments with respect to that. I thank him for
his contribution. Our fight is not over. We have some work to do in the
next days, and I look forward to working with him.
The PRESIDING OFFICER (Mr. Casey). The Senator from Indiana.
Mr. LUGAR. Mr. President, I join the chairman in thanking John McCain
for his testimony, his courage, his eloquence, and his mention of those
on our side of the aisle who have historically fought for the disabled.
That is a very important fact today, and his presence, his strength and
determination are very inspiring. We appreciate so much his support.
Mr. KERRY. Mr. President, I suggest the absence of a quorum, and ask
that time be logged to both sides.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, we are in the process of considering the
ratification of the Convention on the Rights of Persons with
Disabilities. The United States has led the world in creating the legal
framework, building an infrastructure and designing facilities that
ensure inclusion and opportunities for those living with disabilities.
This year the Senate Foreign Relations Committee, under the
leadership of Chairman John Kerry and ranking minority member Senator
Richard Lugar, celebrated the 22nd anniversary of the Americans with
Disabilities Act by favorably reporting the Convention on the Rights of
Persons with Disabilities on a strong bipartisan basis. I want to
personally thank Senator Kerry and Senator Lugar for moving the treaty
through the committee process. It was a hectic time--campaigns were
going on--but they made a point of making certain we brought this issue
forward.
A personal thanks to my friend Senator John McCain, who is on the
Senate floor at this moment, for making this a bipartisan effort. I
also want to thank Senators Barrasso, Harkin, Tom Udall, Moran, and
Coons for their bipartisan support and dedication to the passage and
ratification of this important treaty.
Now is the time for the full Senate to affirm our Nation's leadership
on disability issues by ratifying this important treaty. We should do
so with the strong bipartisan support that has always characterized the
efforts we have had on disabilities.
The support for this treaty is extremely broad and deep and
bipartisan. It is supported by 165 disability organizations, including
the U.S. International Council on Disabilities, the American
Association of People with Disabilities, the Disability Rights
Education and Defense Fund, and the National Disability Rights Network.
In addition, it is supported by 21 different veterans groups,
including the Wounded Warrior Project, the American Legion, Disabled
American Veterans, and Veterans of Foreign Wars.
President George H.W. Bush, who signed the Americans with
Disabilities Act into law, has called for ratification
[[Page S6935]]
of this treaty. But there has been no more passionate advocate--and I
am so honored that he would consider devoting his energies and good
name to our effort for ratification of the treaty--than Senator Bob
Dole, a lifelong advocate for disability rights. We need to pass this
treaty in a tribute to Bob Dole for his life of service to the State of
Kansas and to the Nation, as well as his heroic efforts on behalf of
the disabled in the Senate.
These organizations and people of different backgrounds have come
together to support ratification of the treaty because they know it is
critical for those living with disabilities in the United States and
around the world. Thanks to the ADA and similar laws, the United States
has been so successful providing opportunities, accessibility, and
protection of the rights of those living with disabilities that our
Nation is already in full compliance with all terms of the treaty.
Before transmitting this treaty, the Obama administration conducted an
exhaustive comparison of the treaty's requirements to current U.S. law.
Here is what they found: The United States does not need to pass any
new laws or regulations in order to fully meet the terms of the treaty.
The fact that we have already met or exceeded the treaty's requirements
is a testament to our Nation's commitment to equality and opportunity
for the disabled.
But there are still important reasons to ratify this treaty. There
are more than 5\1/2\ million veterans living with disabilities in the
United States. They travel all over the world, often with their
families. Ratifying this treaty will help move toward the day when
wherever they travel they will be treated with accessibility, with the
kind of respect that every person would expect to have in traveling
around the world.
Ratifying this treaty will also give the United States a seat at an
international table that we currently can't occupy. The United States
can sit at the table on disability rights worldwide and provide
guidance and expertise based on our experience and leadership. It just
stands out like a sore thumb our country hasn't ratified this treaty
when over 120 other nations have.
This treaty would also level the playing field for American
businesses. American businesses have invested time and resources to
comply with the ADA. Businesses in some countries are not required to
comply with similar standards. Compliance with the treaty levels the
playing field by requiring foreign businesses to meet accessibility
standards similar to those of the United States. It will open new
markets for new technologies when it comes to disability.
Mr. President, I know you have been a visitor at Walter Reed and
Bethesda Naval Center, and you have seen our returning veterans, many
who come home after losing a limb. They go through a period of the best
rehabilitation, and then they are brought into a laboratory with the
latest technology.
A new Congresswoman from Illinois, named Tammy Duckworth--I am so
proud of her election victory on November 6--lost both legs in Iraq
when she was piloting a helicopter that was shot down. She was a member
of the Illinois National Guard, and there was a question whether she
would even survive the terrible incident where a rocket-propelled
grenade was fired into the fuselage of her helicopter. She survived and
has since used Walter Reed Hospital and Bethesda to make certain that
she has the very best new prosthetic legs. They were good enough to
carry her through a campaign successfully, and now she will be sworn in
to the U.S. House of Representatives in just a few weeks.
That kind of technology is being developed for our veterans, as it
should be. Ultimately, it will be available to everyone across the
United States and around the world. As companies make this new
technology enabling amputees a full life, this technology becomes a
part of the export of the United States. So there are opportunities
here for the United States, as other countries comply with the treaty
and develop new prosthetics and other things for their disabled, to
have some business opportunities with new and good ideas. American
businesses will be able to export their expertise and their products in
new markets serving the hundreds of millions of people living with
disabilities around the world.
Let me tell you why it is important for us, even though our standards
are good and high in helping the disabled, to worry about those with
disabilities in other countries. There are estimates that 10 percent of
the world's population lives with disabilities. Not only do these
people courageously live each day, they live with many challenges and
hurdles that could be removed with the right laws and policies that are
contained in this convention.
It is hard to believe, but 90 percent of children with disabilities
in developing countries never attend school. Less than 25 percent of
the countries in the United Nations have passed laws to even prohibit
discrimination on the basis of disability. Studies indicate that women
and girls in developing countries are more likely than men to have a
disability.
Unemployment is dramatically higher for those living in other
countries with disabilities. This treaty will help provide the
framework so countries around the world can help their own citizens
with disabilities live productive, healthy lives. Just like we did by
enacting the ADA 22 years ago, ratifying this treaty will send the
world a message that people with disabilities deserve a level playing
field.
While this treaty will ensure inclusion and access for those living
with disabilities, it is also important to note what the treaty will
not do. The treaty will not require the United States to appropriate
any new funding or resources to comply with its terms--not a single
dollar. The treaty will not change any U.S. law or compromise U.S.
sovereignty. The treaty will not lead to any new lawsuits because its
terms do not create any new rights, and it cannot be enforced in any
U.S. court. For families who choose to educate their children at home,
the treaty will not change any of the current rights and obligations
under American law. I was pleased that in the Foreign Relations
Committee they adopted an amendment I worked on with Senator DeMint, a
bipartisan amendment, to further clarify this issue.
I also want to address the issue of abortion, which was raised
yesterday by one of our former colleagues. Leading pro-life groups,
such as the National Right to Life Committee, confirm the treaty does
not promote, expand access or create any right to an abortion.
When we tried to move this treaty earlier this year, some objected on
the basis the Senate shouldn't ratify a treaty during a lameduck
session. Well, we did a little study. I want to note for the record
that since 1970, in the last 42 years the Senate has ratified at least
19 treaties during lameduck sessions. There is no procedural or
substantive justification for not ratifying this treaty which has broad
bipartisan support and could mean so much to those living with
disabilities.
Thanks to decades of bipartisan cooperation, our country embodies the
worldwide gold standard for those living with disabilities.
In closing, I again salute Senator Bob Dole. He has been on the phone
and working it, and I hope in tribute to his Senate career we will
ratify this treaty.
I also want to salute a former colleague of mine from the U.S. House
of Representatives, Tony Coelho. Tony was the whip of the Democratic
caucus when I was first elected, and he has been an amazing advocate
for the disabled throughout his public career in the House and ever
since. He came to me and asked to help in this effort, and I was happy
to say yes to Tony, as I did so many times when I served with him in
the House.
I want to add one other person--Marca Bristo. Marca is the leading
disability advocate in the city of Chicago. This wonderful young woman
was tireless in her wheelchair, wheeling from office to office, begging
Members and their staffs to consider voting for this treaty. If and
when we pass it--and I hope that is soon--I am going to remember Marca
and Tony, and certainly Senator Dole, for all the work they put into
this.
When the Senate ratifies this treaty, we can be proud our coworkers,
friends, family members, and courageous veterans will soon enjoy the
same access and opportunity when they travel abroad that they have come
to expect right here in the United States.
[[Page S6936]]
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CARDIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. Mr. President, I take this time to urge my colleagues to
vote for the ratification of the Convention on the Rights of Persons
with Disabilities.
I have the honor of serving on the Senate Foreign Relations Committee
and was present during the hearings we had with regard to the
ratification of the treaty. I listened to the witnesses who testified
and listened to all the arguments that always have been made about
treaties. I must tell you, it was overwhelmingly supportive of the
ratification of the treaty.
I want to acknowledge the work of Senator Lugar, who is on the floor.
He has been a real champion on basic human rights issues and advancing
it through treaties on which the United States has taken leadership. I
applaud his unstinting commitment to advancing the rights of people
with disabilities.
I also want to acknowledge our chairman Senator Kerry, and the work
he has done in regard to this treaty; Senator Harkin, and many others,
have been involved in the United States' participation in this treaty.
To put it directly, we were responsible for this treaty moving forward
because the United States has been in the leadership of protecting
people with disabilities. The way we treat people with disabilities is
a civil rights/human rights issue.
We know the history of America was not always what it is today, and
we know the struggles people with disabilities have had in getting
access to services that we sometimes take for granted.
Many years ago I visited our State institution for children with
developmental disabilities. I saw in one large room literally 100
children receiving no care at all, most of them not clothed. I knew we
could do better in this country, and today our access to health
services for people with disabilities is remarkably better.
I remember when if you had a physical disability and were confined to
a wheelchair, it was basically impossible to get use of public
transportation. We have changed those policies in our country,
recognizing that every American has the right to basic services. I
remember when it was difficult for people to get public education in
traditional schools if they had disabilities. We have changed those
laws in America. We have changed our public accommodation laws. We have
changed our employment laws. We have led the world in saying that it is
a basic right, and people with disabilities have the same protections
as every one of us.
I am proud of the progress we have made here in the United States. I
was part of the Congress in 1990 that passed the Americans With
Disabilities Act. I am very proud to be part of the Congress that
passed that law. I remember two of our colleagues who have been in the
forefront of this work: Senator Dole, whose name has been mentioned,
has been one of the great leaders in this body in protecting the rights
of people with disabilities, and Congressman Tony Coelho, with whom I
served in the other body, the House, took on a leadership position to
bring to the public attention for us to do what was right for people
with disabilities.
The United States has provided international leadership. The year
after we passed the Americans With Disabilities Act, my colleague in
the House, Congressman Steny Hoyer, took that effort in the United
States internationally. In 1991, in the Organization for Security and
Cooperation in Europe, we passed the Declaration on the Rights of
Persons With Disabilities because of the U.S. leadership. It is now
known as the Moscow Document. We have provided international
aspirations to make sure that we treat people with disabilities as we
would treat anyone else.
We have in America the strongest protections of any country. We have
improved our laws. We have led the world in providing the right legal
framework, the right policies, and the right programs so people with
disabilities can gain access to all services.
The ratification of this treaty is particularly important to the
United States. I say that because it further demonstrates our
leadership on this issue. We have added language in this treaty; we
don't have to change any laws if we ratified this treaty. We are in
full compliance. There is no need for America to take any further
steps. All this treaty ratification does is reaffirm America's
leadership on this issue and provides protection for our citizens
internationally. We made that very clear with amendments we added to
this treaty during the committee markup. We don't have to change any
laws. Yet it helps U.S. citizens abroad. The rights of the disabled
should not end at our border. They should have the same protections
when they travel to another country or when they work in another
country or when they temporarily live in another country. We want to
make sure American citizens are treated fairly.
A witness testified at our hearing on the ratification of this treaty
about how she was in a wheelchair in another country and she was not
permitted to use her wheelchair to get access to an airplane. That is
wrong. This treaty will protect an American who happens to be in
another country and who happens to have a disability to make sure that
person can get reasonable access to transportation, reasonable access
to public accommodations, and that the person is not discriminated
against because of her or his disability. This helps advance globally
the basic human rights of people with disabilities. Other countries
will learn from the United States. Until we ratify, we can't
participate in the international discussions taking place to protect
people with disabilities. Yet we have the most advanced laws. By our
ratification of this treaty, we are in a position to help other
countries advance the rights of people with disabilities, and that is
exactly what we should be doing in America.
Our Nation was founded on the principle that we are all created equal
and each of us has the right to life, liberty, and the pursuit of
happiness regardless of our abilities. Ratifying this treaty is a
strong act of diplomacy and a symbol of America's continued commitment
to equal justice for all. The history of our Nation has been the
continued expansion of rights, opportunities, and responsibilities to
more and more Americans. It is in our interests and in the interests of
all humankind to see that the expansion happens in other countries as
well.
I urge my Senate colleagues to vote for the ratification of this
treaty. It is the right vote to take for the United States. Standing up
for basic human rights is right. It is right to protect our citizens
when they travel internationally. I urge my colleagues to vote for
ratification.
With that, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Bennet.) Without objection, it is so
ordered.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent to speak as in
morning business for such time as I may consume.
The PRESIDING OFFICER. Without objection, it is so ordered.