Promoting Energy Savings In Residential Buildings And Industry--Motion
Madam President, I ask unanimous consent the Senate proceed to the immediate consideration of Calendar No. 145, H.R. 2668. I ask unanimous consent that the bill be read a third time and passed, without intervening action or debate, and the…
Madam President, I ask unanimous consent the Senate proceed to the immediate consideration of Calendar No. 145, H.R. 2668. I ask unanimous consent that the bill be read a third time and passed, without intervening action or debate, and the motion to reconsider be made and laid upon the table.
Madam President, let me address the first consent I offered, which was objected to. Last month the administration announced it would delay ObamaCare's employer mandate on business. It is not hard to see why they wanted to do that. We keep reading about why businesses large and small will have little option but to cut employee hours and paychecks as ObamaCare comes on line, about how restaurants such as White Castle, for example, are considering hiring only part-time workers moving forward, about how small businesses are citing ObamaCare as a top worry.
I think there are a lot of Members on this side who would question the legality of what the President did. But with midterm elections on the horizon, it is no mystery why the administration would want to delay the law for businesses, considering how many jobs it is likely to kill, how many paychecks it is likely to slash. Here is the thing, though: Don't families and individuals deserve the same kind of relief? I believe they do. I do not believe it is fair to give a break to business and leave Americans out in the cold.
Recently we learned that Ohioans buying health insurance next year can expect about a 40-percent premium increase. Next door, in Indiana, costs could rise by more than 70 percent. Some Georgians could face a nearly 200-percent premium spike. In my home State of Kentucky, actuaries are predicting cost increases that could exceed 30 percent. Remember, the President said costs would go down, that ObamaCare was the Affordable Care Act.
Millions face the prospect of losing the insurance they like and want to keep, which again is not what the President promised. That is why I have asked the Senate to pass H.R. 2668. This legislation passed the House on a strong bipartisan vote with nearly 2 dozen Democrats supporting it and it would delay some of ObamaCare's most burdensome mandates for everyone.
Shortly after its passage in the House my colleagues and I called on the majority leader to bring it to the floor for a vote. Those calls were unheeded. So I am disappointed to hear that some of our friends on the other side have objected to this vote as well. I do not understand, frankly, why they would want to leave Americans out in the cold. I note that Members on this side are united in our belief that at the very least Americans deserve the same relief as businesses do. So we will all be supporting this commonsense bipartisan bill if we have a chance to vote on it.
You would think this is a principle Members of the body would support unanimously. If it is OK for businesses, why not for individuals? Unfortunately, objection has been heard and we will not get an opportunity to have the same break for the average American citizen as the administration is giving through executive action to businesses. It is a shame, but that is where we are going into the August recess.
I yield the floor.
Honoring our Armed Forces PRIVATE FIRST CLASS DUSTIN P. NAPIER
Madam President, it is with sorrow that I rise to pay tribute to a young man from Kentucky who gave his life in service to our country. PFC Dustin P. Napier of London, KY, died on January 8, 2012, in Zabul Province, Afghanistan while in support of Operation Enduring Freedom. The cause of death was injuries sustained from small- arms fire. PFC Napier was 20 years old.
For his service in uniform, PFC Napier received several awards, medals, and decorations, including the Bronze Star Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Afghanistan Campaign Medal with Bronze Service Star, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the NATO Medal, the Combat Infantryman Badge, and the Overseas Service Bar.
Dustin's father Darrell Napier says of his son, ``He was born in an Army hospital, and I'm sure he ended up dying in an Army hospital. He was my hero. Please pray for us.''
Dustin was born in an Army hospital because he followed his father's example of military service. Darrell Napier served in the U.S. Army from 1989 to 1994, and was stationed in Germany and Fort Polk, LA. Dustin, the youngest of Darrell's three sons, knew from an early age he wanted a military career.
``He'd been wanting to do that since he was a little boy, about when he was six years old,'' Darrell recalls. ``I encouraged him to do so. And he was a leader. He'd take the initiative to get things done. I've always raised my boys to do the right thing, no matter if the cause was popular or unpopular.''
By the time he reached high school, Dustin was a top cadet in his Junior ROTC program. ``I remember him as a model student, very quiet and serious. You always knew where he stood,'' says Colonel Mark Jones of the Air Force Junior ROTC program at South Laurel High School, Dustin's alma mater.
Dustin rose to be his Junior ROTC unit's corps commander and the most decorated cadet.
News of PFC Napier's loss shook many who remembered him at South
Laurel High, where Dustin graduated in 2010 and had many friends. ``When I . . . heard he died, my legs almost collapsed. It was unbelievable. He was a good friend, a good mentor, and truly a good person,'' says Devan Burkhart, a South Laurel student.
``I learned from him. He was the one who would tell me, `Stick with it,' when I got frustrated with the program, and I did stick with it.''
Steven Cheek, one of Dustin's best friends and a high-school classmate, recalls the fun he and Dustin had shooting rifles, going to ball games, watching movies, and listening to music. Dustin's favorite group was the Doors. Other friends remember Dustin loved to play the air guitar.
After graduating from South Laurel High in May 2010, Dustin joined the U.S. Army in July and completed basic training at Fort Benning, GA. In April 2011, he was deployed to Afghanistan with C Company, 1st Battalion, 24th Infantry Regiment, 25th Infantry Division, based out of Fort Wainwright, AK.
Darrell Napier recalls that Dustin would call home from Afghanistan every now and then. ``He did miss home a lot,'' Darrell says. ``He loved to hang out with his friends very much. He missed his friends at Save-A-Lot, where he worked for almost four years. And if there was one meal Dustin really loved from his mother, it was her chicken and dumplings.''
Dustin also found happiness thousands of feet in the air, while on R&R. It was in an airplane that he met Tabitha Sturgill Napier, who he married in October 2011.
Remembering her husband, Tabitha says, ``You are my very best friend and I love you very, very, very much. You are an amazing husband.''
A few days after his death, friends and classmates held a memorial service for Dustin at South Laurel High School. His friends from his old Junior ROTC unit thought it only fitting to hold the service where Dustin had served as such a fine example to past, present, and future cadets. Outside the school, the American flag stood at half-mast.
``Cadet Napier came here with a purpose from start to finish, from the first fall-in to the last fall-out,'' says CMSgt Randy Creech of Junior ROTC.
We are thinking of PFC Napier's loved ones today, including his wife, Tabitha Sturgill Napier; his parents, Darrell and Marianne Napier; his brother, Darrell Dean Napier; his stepbrother, Christopher Bittner; his stepson, Lane Robison; his grandmother, Monika Paul; his grandfather, James Napier; and many other beloved friends and family members.
I know that no words spoken in this chamber can take away the sadness and loss that Dustin's family must feel. But I do want them to know that this Nation, and this United States Senate, are deeply grateful for Private First Class Dustin P. Napier's service and sacrifice. And we are humbled to pay tribute to his life and legacy.
Burma
Madam President, today I rise to discuss U.S. policy toward the Southeast Asian nation of Burma.
In a little over 2\1/2\ half years, the world has witnessed dramatic change in Burma; change that would have been thought unimaginable not long ago. Nobel Peace Prize Laureate Daw Aung San Suu Kyi has been released from house arrest and now sits in parliament. Hundreds of political prisoners have been released from prison. A largely free and fair by-election was held in April 2012. Ceasefires have been signed between the central government and several ethnic minority groups.
Yet, despite these welcome reforms, much work remains to be done. At the heart of Burma's existing problems is the need for constitutional reform. The current flawed constitution is not up to the task of supporting the country's democratic ambitions. Simply put, if Burma is to take the next big step toward economic and political reform and toward fully normalizing its relations with the United States, it needs to revise its constitution.
And there has been some encouraging news on that front. Just last week the Burmese parliament announced it would establish a committee to examine amending the constitution. This provides a great opportunity for the Burmese leadership to follow through on its commitment to full democratization.
As this parliamentary panel begins its efforts, I would highlight four areas of the constitution that are, in my view, in particular need of reform.
The first area of reform is the need to bring the Burmese military, called the Tatmadaw, under civilian control. Civilian control of the military is a fundamental condition of a stable, modern democratic country. Many of the stubborn problems Burma still needs to address stem from the continued outsized role of the military in Burmese political life. For example, Burma continues to maintain military ties with North Korea. Indications are that elements within the Burmese military want to continue enjoying the financial benefits of continued relations with North Korea.
The unfortunate result is that Burma's pro-reform president Thein Sein cannot formally rein in the Tatmadaw since, under the Constitution, the president is not head of the armed forces. A separate military Commander in Chief leads the armed forces and he is independent of the president.
Another example of the problems stemming from the lack of civilian control of the military is the tense state of relations between the armed forces and the Kachin ethnic group. The Kachin in northern Burma share a proud history with the United States stemming from our close cooperation during World War II. Ending the conflict in Kachin state-- and all other ethnic conflicts for that matter--is essential to achieving lasting peace, reconciliation and security in Burma after 60 years of civil war.
In Europe recently, President Thein Sein predicted that a national ceasefire was right around the corner. And a peace process led by one of his close ministers has been ongoing. However, military clashes continue in northern Shan state as well as in Kachin state. The Tatmadaw has every right to protect itself, but, without transparency and civilian oversight, questions remain about the extent to which military operations have conformed with the President's guidance and intentions.
Without ending its relationship with Pyongyang and without building peace with the Kachin and other ethnic nationalities, U.S.-Burmese relations will not become fully normalized. Without the military accepting civilian oversight and demonstrating a commitment to peace, our military relationship will likewise be limited. Such a result would be to the detriment of both countries.
Having U.S. diplomats continue to urge Burma to amend its Constitution to bring the military under civilian control is important. But there are other policy tools that I believe can help reform the Tatmadaw. I believe that beginning a modest military-to-military relationship would serve this purpose. Just to be clear. I am not advocating rushing into lethal training of the Burmese military or arms sales. What I am talking about is the U.S. armed forces engaging with the Tatmadaw on compliance with the law of armed conflict, and other issues related to international standards of military professionalism.
What better way is there to show the virtues of civilian control of the military than to have the most highly regarded armed forces in the world--the U.S. military--engaged with the Tatmadaw about respect for human rights, accountability and rule of law? I believe that a modest, targeted military-to-military relationship would work hand in glove with diplomatic efforts to convince the Burmese military that placing themselves under civilian control is good for the nation.
Beginning a military-to-military relationship is common sense. Since before independence, the Burmese military has been a significant political institution in the country. And no lasting reform in Burma can take place without convincing the Tatmadaw that such a step is a positive development for the country.
A second area of needed constitutional reform involves amending the constitution to permit the Burmese people to choose freely whom they want to serve as their leader. This is a fundamental democratic principle. Current restrictions include a requirement that no one in the President's immediate family can be a citizen born to parents who were not born in Burma.
Just think about that. That's a remarkably narrow requirement. Why does the Burmese government have so little faith in the ability of its citizens to freely and responsibly choose their own leaders?
These provisions, if left unamended, would cast a pall over the upcoming 2015 elections. And, those elections are viewed by many observers as the next high-profile step in Burma's reform efforts. If the 2015 elections are viewed as illegitimate, it will lead many to conclude that reform efforts have stalled in Burma and the country's stated commitment to democracy is hollow.
I think having the 2015 elections turn out to be flawed would cloud the reformist legacy of the current national leadership.
A third area of needed reform in this regard is judicial independence. Currently, the Burmese judiciary is not independent of the executive. As we ourselves have learned from experience in America, having judges who are not under the thumb of the other branches is not only a vital check on the other organs of government, but also a bulwark against violations of individual rights.
Finally, there need to be constitutional assurances for ethnic minorities. Burma faces no greater challenge than peacefully integrating its various ethnic groups. These groups have long harbored misstrust of the central government and the Tatmadaw. Building protections for ethnic minorities into the Constitution would, I suspect, go a long way toward making the ethnic groups more receptive to the new government. Such provisions would also be underscored by an independent judiciary to help enforce these protections.
As we know as Americans, amending a Constitution is not easy, nor should it be. But over the years, we in this country have amended our Constitution to make it more democratic and to provide greater protection of individual liberties.
Reforming the Burmese Constitution in areas such as the four I just raised is a necessary next step in Burma's own journey toward democracy and peaceful, national reconciliation.
There is still time for Burma to act ahead of the 2015 election and correct these problems. I urge the country's leadership to seize the moment, to take this vital step and to cement its reformist legacy.