[Congressional Record Volume 156, Number 66 (Wednesday, May 5, 2010)]
[Senate]
[Pages S3166-S3171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. JOHNSON:
S. 3310. A bill to designate certain wilderness areas in the National
Forest System in the State of South Dakota; to the Committee on Energy
and Natural Resources.
Mr. JOHNSON. Mr. President, today, I am introducing legislation to
protect the Cheyenne River Valley in the Buffalo Gap National
Grassland. My bill will establish the first National Grassland
wilderness area in the United States and provide the public with a
unique experience to enjoy these public lands.
The Cheyenne River Valley in the Buffalo Gap National Grassland
includes some of the finest prairie wilderness in the United States.
Located among isolated buttes and the wide Cheyenne River Valley, these
lands remain largely isolated and in the form that the Native people
who first inhabited these lands would recognize.
The lands of the Cheyenne River Valley--Indian Creek, Red Shirt and
Chalk Hills--exhibit the characteristics of undisturbed, wild lands.
Consistent with their natural character, the U.S. Forest Service
identified these lands for inclusion in the Wilderness Preservation
System. In fact, since 2002, the Indian Creek and Red Shirt areas have
been managed by the Forest Service to preserve their wilderness
qualities, including a prohibition on motorized traffic that created
one of the largest roadless areas in the Great Plains. My legislation
builds off the Forest Service recommendation in a manner consistent
with the history and purposes of the Buffalo Gap National Grassland.
These lands also support livestock grazing, a productive use and
integral part of managing the health and sustainability of native
grassland. My bill safeguards existing grazing, consistent with the
Wilderness Act, by directing the Forest Service to allow for the
continuation of grazing.
By designating a portion of the Cheyenne River Valley as wilderness,
it is possible to protect its undeveloped character from encroaching
motorized recreation while providing hunters, rock collectors, campers
and hikers a new way to enjoy prairie grasslands.
The public benefits from enjoying a variety of experiences on our
public lands. These lands provide food and fiber and are a natural
asset to be responsibly and sustainably managed. America's grasslands,
with millions of acres of rangeland, can also sustain other purposes,
including the solitude and primitive character of wilderness.
Establishing a first-of-its-kind grasslands wilderness fills a long
overlooked gap and completes the unique history and varied landscapes
of our National Grasslands.
I have named this bill in honor of my friend and a great advocate for
South Dakotan's open spaces, the late Tony Dean. It is his words in
describing the purposes of creating a grasslands wilderness bill that I
turn to for the best explanation for why this bill is necessary. Tony
said:
Let's relate wilderness from the perspective of a hunter.
It does not take a rocket scientist among hunters to
recognize that once the opening salvo takes place on opening
morning of the big game seasons, no matter where you live,
the best hunting is almost always found far from the nearest
road.
That sentiment is what, in part, this legislation is aimed at
creating: a place held from competition of multiple uses and
development, a place where the public and future generations can enjoy
a unique wilderness experience found in few places outside my great
State.
______
By Mr. KERRY:
S. 3311. A bill to improve and enhance the capabilities of the
Department of Defense to prevent and respond to sexual assault in the
Armed Forces, and for other purposes; to the Committee on Armed
Services.
Mr. KERRY. Mr. President, I am deeply troubled by the increasing
number of sexual assaults in the U.S. military. Not only is sexual
assault a crime that is incompatible with military service, but it also
undermines core values, degrades military readiness, subverts good will
and forever changes the lives of victims and their families.
We know from the Defense Department's 2009 Report on Sexual Assault
in the Military that the number of reported sexual assaults in the
military
[[Page S3167]]
increased substantially last year--a trend that has continued for the
last couple of years.
Unfortunately, according to the Pentagon, we also know that while
improvements have been made, the number of sexual assaults in the
military actually reported is far below the estimated number of
assaults that have actually occurred in the military. It is estimated
that only 10 to 20 percent of sexual assaults in the military are
actually reported.
Obviously, more needs to be done. That is why I have introduced the
Defense, Sexual Trauma Response and Good Governance, STRONG Act of
2010. This legislation builds on many of the common sense solutions
that were included in the December 2009 Report on Sexual Assault in the
Military, a report from the Defense Task Force on Sexual Assault in the
Military Services.
The Defense STRONG Act of 2010 would guarantee legal counsel from a
Judge Advocate General to all sexual assault victims, whether or not
they file restricted or unrestricted reports. Currently, anyone who
files a restricted report cannot seek legal counsel. Seeking legal
counsel triggers an investigation, which, in turn, makes that report
unrestricted--that is, it is no longer confidential and the chain of
command is notified.
A directive issued by the Department of Defense in 2005 omitted Judge
Advocate Generals and civilian lawyers trained in military law from the
list of individuals that a victim can seek guidance and assistance
from. The only individuals on the list are Sexual Assault Response
Coordinator's, SARCs, Victim Advocates, VAs, health care personnel, and
chaplains--none of whom are likely to have legal training. But it is my
belief that the victim of a sexual assault should have the right to
legal counsel no matter what.
In its report, the Defense Task Force on Sexual Assault in the
Military Services also found that victims are not offered appropriate
privileged communications. The report noted that there are 35 states
that currently have a privilege for communications between Victim
Advocates and victims of sexual assault. However, because no privilege
exists in military proceedings, defense counsel are able to identify
Victim Advocates as a potential defense witness in a court-martial.
There have been multiple occasions in which information was obtained
from Victim Advocates in court-martial proceedings and used to try to
undermine the credibility of a victim with cross examinations
highlighting inconsistencies in prior statements.
There are certain roles that I believe are inherently governmental
and certainly one is the role of Sexual Assault Response Coordinator,
which should be filled by either a uniformed servicemember or a DoD
civilian employee, not a contractor. The Defense Task Force on Sexual
Assault in the Military Services agreed. So this legislation would
require one Sexual Assault Response Coordinator per brigade, filled by
either a full-time military servicemember or a DoD civilian employee.
Moreover, this legislation also would require that Victim Advocates
be either a uniformed servicemember or a DoD civilian employee. At the
battalion level, there are usually two part time Victim Advocates. The
Defense STRONG Act would require that there be at least one-full time
Victim Advocate at each battalion, or battalion equivalent.
Another issue that has long plagued the DoD's ability to adequately
respond to and prevent sexual assaults in the military is the lack of
standardization amongst the services. The Defense STRONG Act would
require the DoD to standardize much of their certification programs in
a manner modeled after the Defense Equal Opportunity Management
Institute, training Sexual Assault Response Coordinators as well as
Victim Advocates. Standardization and professionalization would
drastically impact readiness.
This legislation would also require the Department of Defense to
develop modules specific to each level of Professional Military
Education. By doing so, we could ensure that military leadership is
aware of all available resources. This provision would also encourage
the Department of Defense to craft each level of Professional Military
Education to the level of responsibility as military leadership get
promoted.
Elevating the Director of the Sexual Assault Prevention and Response
Office to the Senior Executive Service level was another recommendation
put forth by the Defense Task Force Report. A senior leader in this
office is necessary in order to obtain resources and provide the
attention this issue requires, much like the Defense Military Equal
Opportunity Office and the Office of Military and Community Family
Policy. Leadership at the senior level has already proven instrumental
in helping advance the DoD's efforts in overcoming domestic violence
and discrimination and could be just as helpful in combating sexual
assaults.
While there is no magic formula for solving a problem that has long
plagued the Department of Defense, I believe these provisions will
strengthen the DoD's ability to respond to cases of sexual assault and
prevent future cases from occurring.
______
By Mr. REID:
S. 3313. A bill to withdraw certain land located in Clark County,
Nevada from location, entry, and patent under the mining laws and
disposition under all laws pertaining to mineral and geothermal leasing
or mineral materials, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. REID. Mr. President, I rise today to introduce the Sloan Hills
Withdrawal Act of 2010.
Over the past year, I have been contacted by thousands of people in
southern Nevada who have voiced serious concerns about a proposed
aggregate mining operation that would be located on federal land very
near Henderson, Nevada. I have a simple goal with the legislation that
I am introducing today. My bill will stop the development of the
proposed 640-acre gravel pit by withdrawing the area from location,
entry, and patent under the mining laws and disposition under all laws
pertaining to mineral materials. In short, this legislation makes sure
that the proposed gravel operations at Sloan Hills will not go forward.
The Bureau of Land Management, BLM, is currently evaluating a
proposal for a major gravel operation at the site in question. If
approved, the resulting mine would blast rock, crush gravel, kick up
dust, and consume precious water resources up to 24 hours a day, every
day, for 30 years. This would all be done just a few miles from
numerous Henderson neighborhoods.
Citizens from all over Clark County have rallied against this project
because of its potential effect on the health of residents and the toll
that the blasting other operations would have on an otherwise peaceful
community. Because this project would be on Federal land local
governments are limited in their ability to influence the outcome of
the Sloan Hills proposal. It is clear to all of us, though, that the
proposed location for this gravel quarry is not in the best interest of
our community.
One of the major points of concern raised by Henderson residents is
the large clouds of fine particulate matter that would be generated by
mining activities at the Sloan Hills site. The dust kicked up by the
proposed gravel operation would undoubtedly complicate the current air
quality challenges in the Las Vegas Valley and would be particularly
troublesome for members of nearby, age-restricted communities that have
seniors already suffering from respiratory problems. Blasting and rock-
crushing operations are also expected to generate noise and vibrations
that will interfere with residents' daily lives.
This bill is important to me and to the people of southern Nevada.
Keeping our communities safe and healthy is critical. I appreciate your
help and I look forward to working with Chairman Bingaman, Ranking
Member Murkowski and the other distinguished members of the Senate
Energy Committee to move this legislation forward in the near future.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 3313
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S3168]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sloan Hills Withdrawal
Act''.
SEC. 2. WITHDRAWAL OF SLOAN HILLS AREA OF CLARK COUNTY,
NEVADA.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the land identified as the
``Withdrawal Zone'' on the map entitled ``Sloan Hills Area''
and dated May 5, 2010.
(b) Withdrawal.--Subject to valid rights in existence on
the date of introduction of this Act, the Federal land is
withdrawn from all forms of--
(1) location, entry, and patent under the mining laws; and
(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
______
By Ms. COLLINS (for herself and Mr. Feingold):
S. 3315. A bill to amend title XVIII of the Social Security Act to
protect Medicare beneficiaries' access to home health services under
the Medicare program; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to join with my colleague
from Wisconsin in introducing legislation, the Home Health Care Access
Protection Act of 2010, to prevent future unfair administrative cuts in
Medicare home health payment rates.
Home health has become an increasingly important part of our health
care system. The kinds of highly skilled and often technically complex
services that our Nation's home health agencies provide have helped to
keep families together and enabled millions of our most frail and
vulnerable older and disabled persons to avoid hospitals and nursing
homes and stay just where they want to be--in the comfort and security
of their own homes. Moreover, by helping these individuals to avoid
more costly institutional care, they are saving Medicare millions of
dollars each year.
That is why I find it so ironic--and troubling--that the Medicare
home health benefit continually comes under attack.
The health care reform bill that was recently signed into law by the
President includes $40 billion in cuts to home care over the next ten
years. Moreover, these cuts are a ``double-whammy'' because they come
on top of $25 billion in additional cuts to home health over the next
ten years imposed by the Centers for Medicare and Medicaid Services
through regulation.
These cuts are particularly disproportionate for a program that costs
Medicare less than $18 billion a year. This simply is not right, and it
certainly is not in the best interest of our Nation's seniors who rely
on home care to keep them out of hospitals, nursing homes, and other
institutions.
The payment rate cuts implemented and proposed by CMS are based on
the assertion that home health agencies have intentionally ``gamed the
system'' by claiming that their patients have conditions of higher
clinical severity than they actually have in order to receive higher
Medicare payments. This unfounded allegation of ``case mix creep'' is
based on what CMS contends to be an increase in the average clinical
assessment ``score'' of home health patients over the last few years.
In fact, there are very real clinical and policy explanations for why
the average clinical severity of home care patients' health conditions
may have increased over the years. For example, the incentives built
into the hospital diagnosis-related group--or DRG--reimbursement system
have led to the faster discharge of sicker patients. Advances in
technology and changes in medical practice have also enabled home
health agencies to treat more complicated medical conditions that
previously could only be treated in hospitals, nursing homes, or
inpatient rehabilitation facilities.
Moreover, this unfair payment rate cut is being assessed across the
board, even for home health agencies that showed a decrease in their
clinical assessment scores. If an individual home health agency is
truly gaming the system, CMS should target that one agency, not
penalize everyone.
The research method, data and findings that CMS has used to justify
the administrative cuts also raise serious concerns about the validity
of the payment rate cuts. For example, while changes in the need for
therapy services significantly affect the case mix ``score,'' the CMS
research methodology disregards those changes in evaluating whether the
patient population has changed. Moreover, the method by which CMS
evaluates changes in case mix coding is not transparent, does not allow
for true public participation, and is not performed in a manner that
ensures accountability to Medicare patients and providers in terms of
its validity and accuracy of outcomes.
The legislation we are introducing today will establish a reliable
and transparent process for determining whether payment rate cuts are
needed to account for improper changes in ``case mix scoring'' that are
not related to changes in the nature of the patients served in home
health care or the nature of the care they received. This process will
still enable the Secretary of Health and Human Services to enact rate
adjustments provided there is reliable evidence that higher case mix
scores are resulting from factors other than changes in patient
conditions. The legislation will also prevent the implementation of
future Medicare payment rate cuts in home health until the Secretary is
able to justify the payment cuts through the improved process set forth
in the bill.
Home health care has consistently proven to be a compassionate and
cost-effective alternative to institutional care. Additional deep cuts
will be completely counterproductive to our efforts to control overall
health care costs. The Home Health Care Access Protection Act of 2010
will help to ensure that our seniors and disabled Americans continue to
have access to the quality home health services they deserve, and I
encourage all of my colleagues to sign on as cosponsors.
______
By Ms. COLLINS (for herself and Ms. Snowe):
S. 3316. A bill provide for flexibility and improvements in
elementary and secondary education, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Ms. COLLINS. Mr. President, I rise today to introduce the No Child
Left Behind Flexibility and Improvements Act. I am pleased to be joined
in this effort by my colleague from Maine, Senator Snowe. Our
legislation would give greater local control and flexibility to Maine
and other states in their efforts to implement the No Child Left Behind
Act, NCLB, and provides common sense reforms in the statute.
Since NCLB was enacted in 2002, I have had the opportunity to meet
with numerous Maine educators to discuss their concerns with the law.
In response to their concerns, in March 2004, Senator Snowe and I
commissioned the Maine NCLB Task Force to examine the implementation
issues facing Maine under both NCLB and the Maine Learning Results. Our
task force included members from every county in the State and had
superintendents, teachers, principals, school board members, parents,
business leaders, former state legislators, special education experts,
assessment specialists, officials from the Maine Department of
Education, a former Maine Commissioner of Education, and the Dean from
the University of Maine's College of Education and Human Development.
After a year of study, the Task Force presented us with its final
report outlining recommendations for possible statutory and regulatory
changes to the act. These recommendations form the basis of the
legislation that we are introducing today.
First, our legislation would provide greater flexibility to states in
the ways that they demonstrate student progress in meeting state
education standards. Specifically, it would permit states to use a
cohort growth model, which tracks the progress of the same group of
students over time. It would also permit the use of an ``indexing''
model, where progress is measured based on the number of students whose
scores improve form, for example, a ``below-basic'' to a ``basic''
level, and not simply on the number of students who cross the
``proficient'' line.
Second, our legislation would provide schools with better notice
regarding possible performance issues, allowing schools a chance to
identify and work with a particular group of students before being
identified. It would expand the existing ``safe-harbor'' provisions to
allow more schools to qualify for this important protection. The
changes made in our bill are in keeping with what assessment experts
and teachers know--that significant gains in academic achievement tend
to occur gradually and over time.
[[Page S3169]]
Third, our legislation would allow the members of a special education
student's IEP team to determine the best assessment for that individual
student, and would permit the student's performance on that assessment
to count for all NCLB purposes.
One reason this change is so important for Maine is that we have
small student populations and Maine has chosen a very small subgroup
size--only 20 students. I was concerned to hear reports that in some
schools, special education students fear that they are being blamed for
their school not making adequate yearly progress. While the statute
explicitly prohibits the disaggregation of student data if it would
jeopardize student privacy, I am concerned to hear that this is not
working out in practice.
This legislative change is also based on principles of fairness and
common sense. Many times, it simply does not make sense to require a
special needs student to take a grade-level assessment that everyone
knows he or she is not ready to take. Many special education students
are referred for special education services precisely because they
cannot meet grade-level expectations. Allowing the IEP team to
determine the best test for each special student will bring an
important improvement to the Act while still ensuring accountability.
Fourth, the legislation addresses my concern about the statute's
current requirement that all schools reach 100 percent proficiency by
2013-2014. Our bill would require the Secretary of Education to review
progress by the states toward meeting this goal every three years, and
would allow him to modify the time-line as necessary.
Fifth, our legislation would provide new flexibility for teachers of
multiple subjects at the secondary school level to help them meet the
``highly qualified teacher'' requirements. Unfortunately, the current
regulations place undue burdens on teachers at small and rural schools
who often teach multiple subjects due to staffing needs, and on special
education teachers who work with students on a variety of subjects
throughout the day. Under the bill, provided these teachers are highly
qualified for one subject they teach, they will be provided additional
time and less burdensome avenues to satisfy the remaining requirements.
Our legislation is a comprehensive effort to provide greater
flexibility and common sense modifications to address the key NCLB
challenges facing Maine. Our goals remain the same as those in NCLB: a
good education for each and every child; well-qualified, committed
teachers in every classroom; and increased transparency and
accountability for every school. I look forward to working with my
colleagues on these issues during the upcoming NCLB reauthorization
process.
______
By Mr. McCONNELL (for himself, Mrs. Feinstein, Mr. McCain, Mr.
Durbin, Mr. Gregg, Mr. Lieberman, and Mr. Dodd):
S.J. Res. 29. A joint resolution approving the renewal of import
restrictions contained in the Burmese Freedom and Democracy Act of
2003; to the Committee on Foreign Relations.
Mr. McCONNELL. Mr. President, today I rise to introduce a joint
resolution that would renew sanctions against the Burmese junta. As in
years past, I am joined in this effort by my good friend Senator
Feinstein. Senators McCain, Durbin, Gregg, and Lieberman are original
cosponsors of this bipartisan legislation and continue to be leaders on
the issue.
Renewing sanctions against the military regime in Burma is as timely
and as important as ever. Over the past year, the regime has not only
made clear that it has no intention of reforming, it is also trying to
stand up a new sham constitution and to legitimize itself in the eyes
of the world through a sham election. In my view, the United States
must deny the regime that legitimacy.
By way of background, a little history is in order. For nearly half a
century, Burma has been under some kind of military rule, and every
popular effort to reverse that situation has failed. In 1988, military
authorities violently put down a popular uprising. Two years later, the
Burmese people went to the polls and handed an overwhelming victory to
the prodemocracy opposition, and the junta ignored the results. It
never seated these popularly elected candidates. It jailed prodemocracy
leaders, such as Aung San Suu Kyi, and it has maintained its brutal
rule ever since.
In response to these events, the United States established on a
bipartisan basis various sanctions against the Burmese regime. These
include a 1997 Executive order; the annual import ban, which has been
renewed annually since 2003; and restrictions on Burmese jade, which
were enacted in 2008.
On a number of occasions since 1990, the United States and the U.N.
have attempted to engage Burma diplomatically. These include, during
the Clinton administration, a delegation led by Deputy Assistant
Secretary of State Thomas Hubbard; various efforts by former U.S.
Ambassador to the U.N. Madeleine Albright; and two trips to Burma by
then-Congressman Bill Richardson in the mid-1990s.
Other diplomatic efforts included Assistant Secretary of State
Christopher Hill's ``roadmap'' in 2006, and overtures made by the
United States through China in 2007. In 2008, ADM Timothy Keating met
with Burmese officials as part of United States efforts to provide
humanitarian assistance in the wake of Cyclone Nargis.
The U.N., for its part, has dispatched a human rights envoy to Burma
15 times and special envoys 26 times over the past two decades. U.N.
Secretary General Ban Ki-Moon has visited Burma on two occasions.
None of these efforts has yielded anything in the way of reform.
Indeed, when Burmese citizens, led by Buddhist monks, took to the
streets in peaceful protest against the government and its policies in
the fall of 2007, these prodemocracy protesters, much like their
predecessors, were brutally suppressed.
Nonetheless, the regime has sought at various times to save face
internationally. In response to this last major challenge to its
authority in the fall of 2007, for example, the regime unveiled a
proposed constitution. But a quick look at the document shows that it
could scarcely have been less democratic. It precluded Suu Kyi from
participating in the electoral process and ensured that the charter may
not be amended without the military's blessing. The noted
constitutional law professor, David Williams, of Indiana University,
told the Senate Foreign Relations Committee last year it was ``one of
the worst constitutions [he had] ever seen.''
What is more, the vote to adopt this constitution took place 2 years
ago in the immediate aftermath of Cyclone Nargis, the worst natural
disaster in modern Burmese history, and international election
observers were not permitted access to the country during the vote. If
the regime was interested in legitimacy, holding a vote such as this in
the middle of a natural disaster without election observers is not
exactly the way to do it.
The results of this vote were roundly condemned, and for good reason.
Still, despite widespread condemnation of this constitution and the
circumstances surrounding its adoption, some held out hope that a
subsequent election law might lead to democratic reform. But those
hopes were dashed earlier this year when the regime actually issued the
long-awaited election law. Among other things, the law would force the
democratic opposition, the National League for Democracy, to expel Suu
Kyi if the party chose to enter any of its candidates in the upcoming
national election and it forbids political prisoners and Buddhist monks
from political participation.
The deadline for registering candidates and political parties under
the new law is later this week, and parties that fail to register
before then will be deemed illegal. In other words, the law's practical
effect would be to sideline Burma's most prominent democratic reformer
and force its leading opposition party out of business.
We also get periodic press reports of ties between Burma and North
Korea, including a particularly alarming report in recent days about an
alleged weapons transfer from Pyongyang.
Last year, the Obama administration initiated a review of United
States policy with respect to Burma. As a result of that review, the
administration decided it is time for the United States to take another
run at engaging the regime. That is why last summer Secretary Clinton
reportedly proposed to
[[Page S3170]]
her Burmese counterpart at an international conference in Southeast
Asia that the United States remove its investment ban on Burma in
exchange for the unconditional release of Suu Kyi. Whatever the merits
of this overture, this was a serious offer from a high ranking U.S.
official aimed at improving bilateral relations.
Yet not only was Secretary Clinton's offer ignored and Suu Kyi not
freed, the regime actually extended Suu Kyi's detention for another
year and a half, and several months later, the junta denied her appeal.
It was shortly after that that the regime released the antidemocratic
election law I just referred to. So however well intentioned, the
administration's policy of engagement has, unfortunately, met with the
same fate as earlier engagement efforts, notwithstanding the fig leaves
the regime occasionally holds out as supposed proof of its willingness
to reform.
Clearly, the regime craves legitimization of its rule. Why else would
it suddenly move to finalize the constitution it had been working on
intermittently for 14 years after its rule was challenged by the
nonviolent Saffron Revolution in the fall of 2007? They did it for the
same reason they trotted out a transparently flawed election law
earlier this year: They wanted to provide the appearance of reform
where there was none. But they cannot have it both ways. If the regime
wants legitimization, it must show real progress.
Secretary Clinton's policy review toward Burma concluded
that engagement along with sanctions might produce results
where sanctions alone had failed. Although we have yet to see
any positive results from engagement, the administration
itself concedes that sanctions should remain in place. But
the administration, to its credit, has been quite candid
about the lack of tangible progress by the regime.
Assistant Secretary of State Kurt Campbell acknowledged as much after
the release of the Burmese election law. He said:
[T]he U.S. approach was to try to encourage domestic
dialogue between the key stakeholders . . . and the recent
promulgation of the election criteria doesn't leave much room
for such a dialog.
It should be noted parenthetically the absence of any tangible result
from engagement has nothing to do with the work of American diplomats.
It has everything to do with the type of regime we are dealing with in
Burma. But, again, the fact remains that no progress--none--has been
made.
Legitimacy is the one thing the regime cannot impose by force. But if
legitimacy is what it wants, a first step would be credible elections.
At this point there is no reason to believe that is even possible under
the current constitution, under the current election law, and in the
current political climate in Burma.
Renewing sanctions is important because it denies the junta the
legitimacy it so craves. A sanctions regime says to the junta and the
world, in no uncertain terms, the United States does not view this
government as having the support of its citizens. It says the United
States will not be a party to recognizing the junta's attempts to
overturn the democratic elections of 1990, the last true expression of
the Burmese voters.
Sanctions should remain in place against the junta for the same
reason the term ``Burma'' is used by friends of democracy instead of
the junta's chosen name of ``Myanmar''--because Myanmar is the name of
a government that has not been chosen by its people.
In short, sanctions should remain in place because lifting sanctions
would give the regime precisely what it wants; namely, legitimacy.
I strongly urge my colleagues to support sanctions renewal against
the Burmese regime.
Mr. DODD. Mr. President, let me commend the minority leader for his
comments on Burma. It was a good education for me here to listen to it.
I ask unanimous consent that I be added as a cosponsor to the
legislation.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. McCONNELL. I thank my friend from Connecticut.
Mr. President, I ask unanimous consent that the text of the joint
resolution be printed in the Record.
There being no objection, the text of the joint resolution was
ordered to be printed in the Record, as follows:
S.J. Res. 29
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
approves the renewal of the import restrictions contained in
section 3(a)(1) and section 3A(b)(1) and (c)(1) of the
Burmese Freedom and Democracy Act of 2003.
Mrs. FEINSTEIN. Mr. President, I rise today once again with Senator
McConnell to introduce a joint resolution renewing the ban on all
imports from Burma for another year.
We are proud to be joined by Senators McCain, Durbin, Gregg, and
Lieberman and we look forward to swift action by the Senate, House, and
the President on this important matter.
Now, more than ever, the people of Burma need to know that we stand
by them and support their vision of a free and democratic Burma.
On May 6th, the National League for Democracy, NLD, led by Nobel
Peace Prize Laureate and political prisoner Aung San Suu Kyi, will
cease to exist.
Let me be clear: the NLD is not shutting down out of its own free
will.
It is being forced to disband by an unjust and undemocratic
constitution and election law, both drafted in secret and behind closed
doors by the ruling military junta, the State Peace and Development
Council, SPDC, to solidify its grip on power.
Let me explain.
Under the terms of the new constitution, 25 percent of the seats must
be set aside for the military.
Think about that: before any vote has been cast, the military is
guaranteed a quarter of the seats in the new 440 member House of
Representatives.
How will this new institution be any different from the current
military regime?
If that is not enough to raise doubts about the military's commitment
to a truly representative government, it should also be pointed out
that last week the regime's Prime Minister, Thein Sein, and 22 cabinet
ministers resigned from the army to form a new ``civilian'' political
party, the Union Solidarity and Development Party.
Any seats won by this new ``party'' in the upcoming elections will be
in addition to the 25 percent set aside for active military members.
Does anyone really believe the regime has embraced democracy and the
concept of civilian rule? Unfortunately, it will be business as usual
for the people of Burma and the democratic opposition.
What about Suu Kyi and her National League of Democracy, winners of
the last free parliamentary elections in 1990?
First, last month, the regime, which never allowed the NLD to assume
power, officially annulled its 1990 victory.
Second, under the new constitution, as a convicted ``criminal'' Suu
Kyi is barred from running in the elections.
Finally, under the terms of the election law, in order to participate
in the upcoming parliamentary elections and remain legally active, a
political party has to cut ties with any members who are convicted
criminals.
Thus, the NLD had to either kick Suu Kyi out of the party and
participate in the elections or face extinction.
It should come as no surprise that the NLD refused to turn its back
on Suu Kyi and give its stamp of approval to the regime's sham
constitution and electoral law.
I applaud their courage and their devotion to democracy, human
rights, and the rule of law.
While I am saddened to see the regime close its doors, the spirit and
the principles of the NLD will live on in the hearts and minds of the
people.
I know they will one day be able to elect a truly representative
government.
As Tin Oo, the NLD's deputy leader and former political prisoner
said: ``We do not feel sad. We have honor. One day we will come back;
we will be reincarnated by the will of the people.''
This is a clear message to the regime that an illegitimate
constitution and election law cannot suppress the unyielding democratic
aspirations of the people of Burma.
Now, we must send our own signal to the regime that its quest for
legitimacy has failed.
We must send our own signal to the democratic opposition that we
stand in solidarity with them and we will not abandon them.
[[Page S3171]]
Now is the time to renew the import ban on all products from Burma
for another year.
Let me be clear--I am disappointed that the ban has not moved Burma
any closer to national reconciliation and a democratic government.
Indeed, as I have noted, the regime has taken several steps in the
wrong direction.
But we have the opportunity to review these sanctions every year.
Last year we passed legislation allowing the sanctions to be renewed,
once a year, for up to three more years until 2012.
Simply put, if we fail to renew the import ban, we will reward the
military regime for its decades' long record of oppression.
We will reward them for keeping the true leader of Burma, Suu Kyi,
behind bars and under house arrest for the better part of 20 years.
We will reward them for forcing the National League for Democracy to
close its doors.
We will reward them for 2,100 political prisoners, the use of child
soldiers, the persecution of ethnic minorities, the use of rape as an
instrument of war, the use of torture, the use of forced labor, and the
displacement of civilians.
Indeed, the standards for lifting the sanctions are clear. The regime
must make ``substantial and measureable progress'' towards ending
violations of internationally recognized human rights; releasing all
political prisoners; allowing freedom of speech and press; allowing
freedom of association; permitting the peaceful exercise of religion;
and bringing to a conclusion an agreement between the SPDC and the
National League for Democracy and Burma's ethnic nationalities on the
restoration of a democratic government.
By every measure, the regime has failed to even come close to meeting
these conditions. So we must act to renew the import ban.
But we cannot act alone.
I urge the United Nations and the international community to follow
our lead and put pressure on the regime to abandon this process,
release political prisoners, and draft a truly democratic and
representative constitution.
I urge my colleagues to support this joint resolution.
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