S5932 CONGRESSIONAL RECORD — SENATE August 2, 2012 

The bottom line is this: These are 

not simple problems and they will require real leadership to tackle. We cannot play games with America’s best 

friend. Israel continues to be threatened by rockets launched by Hamas 

from the Gaza Strip. Iran appears intent on developing a nuclear weapon 

and is the foremost state sponsor of 

terror. But instead of approaching 

these issues with the careful consideration they deserve, the Republicans 

seem intent on twisting reality for political gain. 

We see it on the domestic front, too. 

The Republican leader said—he said it 

here—his party’s top priority is to 

make President Obama a one-term 

President, and they are using any pretense they can to establish that. Their 

top priorities, then, clearly do not include helping everyday Americans by 

creating jobs, improving our schools, 

or strengthening our health care system. If we take Mitt Romney at his 

word, they are certainly not aimed at 

doing what is in Israel’s best interest. 

And when they simply wish for our 

President’s failure, they are hurting 

America’s chance for success. 

When they fail to put forth any ideas 

of their own, they show themselves to 

be unfit to govern, unable to lead. 

Their mission, their primary mission is 

to bring down the record that President Obama has established. We have 

recaptured a lot of jobs. Still, we have 

a long way to go to get our economy in 

better motion than it is, but everybody 

knows we are working on it. We have 

seen remarkable growth in jobs in the 

automobile industry, which looked as 

though it might have ended up being 

unable to function in this country of 

ours. 

The whole world knows that America’s leadership depends on its domestic strength and not on casual political 

rhetoric that challenges America’s loyalty to its friends. 

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. 

Ms. STABENOW. Madam President, I 

ask unanimous consent the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. The Senator 

from Michigan. 

Ms. STABENOW. Madam President, I 

rise today to strongly urge my colleagues to support the nomination of 

an outstanding judge, Gershwin Drain, 

to the United States District Court for 

the Eastern District of Michigan. We 

will have an opportunity to vote in a 

few minutes. Senator LEVIN and I join 

together in the strongest possible recommendation to our colleagues on this 

nomination. I have known Judge Drain 

for many years. I can tell you he is a 

very impressive individual with a long 

record of excellent public service. He 

has served in the district court, the Detroit Recorder’s Court and the Wayne 

County Circuit Court. 

He is active in the community. When 

I am in the community and have the 

opportunity to be at events that are 

important for people, for families, for 

communities, for children, for economic development, Judge Drain is always there, supporting the efforts of 

Detroit and of Michigan. 

He is of course dedicated to his incredible family, who I know is very 

proud of him, as we are. But don’t take 

my word for it. The American Bar Association Standing Committee on the 

Federal Judiciary unanimously rated 

Judge Drain ‘‘qualified’’ to serve on the 

District Court. He was named a ‘‘Man 

Of Excellence’’ by the Michigan Chronicle newspaper, and the Detroit News 

named him ‘‘Michiganian of the 

Year’’—both very prestigious recognitions in Michigan. 

This is a very important judgeship 

that has been vacant for more than 2 

years. It is important for people in 

Michigan and throughout the eastern 

district to be able to have the full 

measure of justice they expect and deserve when coming before the court. It 

is very important that we fill this vacancy. 

I am appreciative and proud that the 

President of the United States has 

nominated him. I appreciate the support of the Judiciary Committee in 

bringing this nomination forward and 

the agreement to allow us to vote on 

this nominee. 

Judge Drain has the qualifications, 

the experience, and the temperament 

for this very important position. I 

strongly urge my colleagues to support 

his nomination and to vote yes when it 

comes before us in the next few minutes. 

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. LEVIN. Madam President, I ask 

unanimous consent that the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The question is, Will the Senate advise and consent to the nomination of 

Gershwin A. Drain, of Michigan, to be 

United States District Judge for the 

Eastern District of Michigan? 

Mr. LEVIN. Madam President, I ask 

for the yeas and nays. 

The PRESIDING OFFICER. Is there a 

sufficient second? 

There appears to be a sufficient second. 

The clerk will call the roll. 

The bill clerk called the roll. 

Mr. KYL. The following Senators are 

necessarily absent: the Senator from 

Illinois (Mr. KIRK), the Senator from 

Kansas (Mr. MORAN), the Senator from 

Florida (Mr. RUBIO), and the Senator 

from Louisiana (Mr. VITTER). 

The PRESIDING OFFICER (Mr. 

SANDERS). Are there any other Senators in the Chamber desiring to vote? 

The result was announced—yeas 55, 

nays 41, as follows: 

[Rollcall Vote No. 189 Ex.] 

YEAS—55 

Akaka 

Baucus 

Begich 

Bennet 

Bingaman 

Blumenthal 

Boxer 

Brown (MA) 

Brown (OH) 

Cantwell 

Cardin 

Carper 

Casey 

Coats 

Conrad 

Coons 

Durbin 

Feinstein 

Franken 

Gillibrand 

Hagan 

Harkin 

Inouye 

Johnson (SD) 

Kerry 

Klobuchar 

Kohl 

Landrieu 

Lautenberg 

Leahy 

Levin 

Lieberman 

Manchin 

McCaskill 

Menendez 

Merkley 

Mikulski 

Murray 

Nelson (FL) 

Pryor 

Reed 

Reid 

Rockefeller 

Sanders 

Schumer 

Sessions 

Shaheen 

Stabenow 

Tester 

Udall (CO) 

Udall (NM) 

Warner 

Webb 

Whitehouse 

Wyden 

NAYS—41 

Alexander 

Ayotte 

Barrasso 

Blunt 

Boozman 

Burr 

Chambliss 

Coburn 

Cochran 

Collins 

Corker 

Cornyn 

Crapo 

DeMint 

Enzi 

Graham 

Grassley 

Hatch 

Heller 

Hoeven 

Hutchison 

Inhofe 

Isakson 

Johanns 

Johnson (WI) 

Kyl 

Lee 

Lugar 

McCain 

McConnell 

Murkowski 

Nelson (NE) 

Paul 

Portman 

Risch 

Roberts 

Shelby 

Snowe 

Thune 

Toomey 

Wicker 

NOT VOTING—4 

Kirk 

Moran 

Rubio 

Vitter 

The nomination was confirmed. 

The PRESIDING OFFICER. The Senator from Michigan. 

Ms. STABENOW. Mr. President, I ask 

unanimous consent that the motion to 

reconsider be considered made and laid 

upon the table, that the President be 

immediately notified of the Senate’s 

action, and the Senate resume legislative session. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

BURMESE FREEDOM AND DEMOCRACY ACT

Mrs. FEINSTEIN. Mr. President, I 

rise today to express my support for S. 

3326, a trade package that includes legislation sponsored by myself and Senator MCCONNELL to renew the import 

ban on Burma for another year. 

I have been involved in the struggle 

for freedom and democracy in Burma 

for 15 years. 

In 1997, former Senator William 

Cohen and I authored legislation requiring the President to ban new U.S. 

investment in Burma if he determined 

that the Government of Burma had 

physically harmed, rearrested or exiled 

Aung San Suu Kyi or committed largescale repression or violence against the 

democratic opposition. 

President Clinton issued the ban in a 

1997 Executive order. 

In 2003, after the regime attempted to 

assassinate Aung San Suu Kyi, Senator 

MCCONNELL and I introduced the Burmese Freedom and Democracy Act of 

2003, which placed a complete ban on 

imports from Burma. It allowed that 

ban to be renewed one year at a time. 

It was signed into law and has been 

renewed annually since then. 

It expired on July 26 which is why 

this legislation is before us today. 

In past years, the debate on renewing 

the import ban on Burma has focused 


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August 2, 2012 CONGRESSIONAL RECORD — SENATE S5933 

on more than two decades of violence, 

oppression, and human rights abuses 

by the ruling Burmese military. 

They annulled the last free parliamentary elections won by Aung San 

Suu Kyi and the National League for 

Democracy. 

They kept Suu Kyi in prison or under 

house arrest, detained hundreds of political prisoners, and ignored democracy, human rights, and the rule of 

law. 

They drafted a new constitution that 

maintained the military’s grip on 

power and prevented Suu Kyi and her 

party from participating in the political process. 

But, I am pleased to report that this 

year is different. We have seen some remarkable changes in Burma over the 

past year which appear to have put 

Burma on the path of reform and rejoining the international community. 

Hundreds of political prisoners have 

been released. 

New legislation broadening the rights 

of political and civic associations has 

been enacted; and negotiations with 

ethnic minority groups have begun and 

some cease-fires have taken effect. 

In addition, Suu Kyi and her National League for Democracy, NLD, 

were allowed to compete in by-elections for 45 open seats in the new parliament in April 2012. 

Suu Kyi and the NLD won 43 of the 44 

seats they contested. 

For those of us who have been inspired by her courage, her dedication 

to peace and her tireless efforts for 

freedom and democracy, it was a thrilling and deeply moving event. Years of 

sacrifice and hard work had shown results—the people of Burma had spoken 

with a clear voice in support of freedom and democracy. 

The United States has responded to 

this reform process in a number of 

ways. 

Secretary Clinton traveled to Burma 

last December and met with Suu Kyi 

and President Thein Sein. 

The United States and Burma resumed full diplomatic relations, with 

Ambassador Derek Mitchell becoming 

the first U.S. ambassador to Burma in 

22 years. 

Earlier this month, the administration announced that it was suspending 

U.S. sanctions on providing financial 

services to Burma and investing in 

Burma. 

I supported these actions. It is entirely appropriate to acknowledge the 

steps Burma has already taken and encourage additional reforms. 

Some may ask then: why stop there? 

Given the reforms, why renew the import ban? 

The fact of the matter is, the reforms 

are not irreversible and the Government of Burma still needs to do more 

to respond to the legitimate concerns 

of the people of Burma and the international community. 

First, it must address the dominant 

role of the military in Burma under the 

new constitution. 

The military is guaranteed 25 percent 

of the seats without elections and remains independent of any civilian oversight. 

In addition, the commander in chief 

of the military has the authority to 

dismiss the government and rule the 

country under martial law. 

It goes without saying that such powers are incompatible with a truly 

democratic government. 

Second, Burma must stop all violence 

against ethnic minorities. I am particularly concerned about reports that 

the Burmese military is continuing attacks in Kachin State, displacing thousands of civilians and killing others. 

Third, the government must release 

all political prisoners. 

I applaud the decision of the Government of Burma to release hundreds of 

political prisoners, including a number 

of high-profile democracy and human 

rights activists. 

Yet, according to the State Department, hundreds more remain in detention. 

Unfortunately, the Government of 

Burma maintains there are no more political prisoners. We must keep the 

pressure on Burma until all democracy 

and human rights activists are free and 

able to resume their lives and careers. 

I believe that renewing this ban will 

help keep Burma on the path to full democratization and national reconciliation and support the work of Suu Kyi, 

the democratic opposition, and the 

reformists in the ruling government. 

It will give the administration additional leverage to convince Burma to 

stay on the right path. 

And the administration will still 

have the authority to waive or suspend 

the import ban—as it has suspended 

sanctions on investment and financial 

services—if the Government of Burma 

took the appropriate actions. 

If we do not renew the import ban, 

however, and Burma backslides on reform and democratization, we would 

have to pass a new law to reimpose the 

ban. 

By passing this legislation, we ensure 

that the administration has the flexibility it needs to respond to events in 

Burma as it as done so with financial 

services and investment. 

Suu Kyi herself has argued that 

‘‘sanctions have been effective in persuading the government to go for 

change.’’ 

I think renewing the import ban will 

push it to go further. 

I urge my colleagues to support this 

bill. 

Mrs. HAGAN. Mr. President, I ask 

unanimous consent that the quorum 

call be dispensed with. 

Mr. President, the bill we are considering this morning—the AGOACAFTA-Burma sanctions package—has 

several parts, but I want to focus on 

the very real impact that one provision 

will have on jobs in my home State of 

North Carolina. 

This provision would make non-controversial technical fixes to the Dominican Republic-Central American 

Free Trade Agreement. 

When the DR–CAFTA was first negotiated nearly a decade ago, the intention of all the parties was to preserve 

the benefits of tariff reductions on 

yarn for the countries at the negotiating table. 

That is how the United States has 

traditionally negotiated the textile 

chapter of its free-trade agreements. 

But when the DR–CAFTA was agreed 

to in 2005 an out-of-date definition for 

sewing thread was used that inadvertently allowed non-CAFTA nations to 

export a certain kind of yarn into the 

CAFTA region duty free. 

Textile manufacturers in countries 

like China began exploiting this loophole to substitute their yarn for U.S.- 

produced yarn, and this action severely 

damaged textile manufacturers in 

North Carolina and the rest of the 

United States. 

Let me give you one example. 

Unifi is a textile manufacturing company headquartered in Greensboro, NC, 

with plants throughout the State. Half 

of their employees tied to the thread 

business have lost their jobs since 2006 

when CAFTA took effect and the yarn 

loophole was exposed. 

Unifi is not alone. 

There are nearly 2,000 jobs in the 

United States that are directly affected 

by the exploitation of this loophole. 

Creating jobs in North Carolina is my 

No. 1 priority. 

Now I am proud of North Carolina’s 

historic textile industry. It continues 

to innovate its way through advanced 

manufacturing and investments in research and development. 

But times are tough enough as it is 

for the American textile industry. 

We simply cannot afford to lose goodpaying manufacturing jobs in North 

Carolina’s textile industry because foreign countries are exploiting drafting 

errors and Congress delays fixing them. 

We should be looking for ways to 

allow our textile companies to compete 

with their foreign counterparts on a 

level playing field. This bill is a step in 

that direction. 

The corrections in this bill were 

brought to the attention of other 

CAFTA countries by the United States, 

were agreed to in February 2011 and 

have since been enacted by all the 

other CAFTA countries. 

I am glad that we overcame this hurdle to ally ensure the integrity of the 

textile provisions of the Central American Free Trade Agreement. 

This fix is long overdue. 

I want to express my deep appreciation to Chairman BAUCUS for his leadership in moving this bill forward. 

Mr. MCCONNELL. Mr. President, I 

rise today to applaud Senate passage of 

the Burmese Freedom and Democracy 

Act. The measure extends for another 

year the import ban with regard to 

Burma. 

I would like to clarify two issues that 

have prompted some confusion regarding this legislation. 


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S5934 CONGRESSIONAL RECORD — SENATE August 2, 2012 

First, the measure we are passing renews import sanctions for 1 year and 1 

year only. I emphasize this point because it has been misreported that this 

bill renews sanctions for 3 years. That 

is not accurate; the bill renews them 

only for 1. 

Second, enactment of this bill does 

not overturn the easing of investment 

and financial sanctions that the administration unveiled earlier this year. In 

fact, this year’s bill, as in years past, 

provides authority for the administration to waive the import sanctions 

should it determine that certain conditions have been met. Before deciding 

whether to waive import sanctions, I 

would strongly urge the administration 

not only to consider the changes occurring within Burma but also to consult 

closely with Nobel Peace Prize laureate Daw Aung San Suu Kyi and the 

National League for Democracy. 

This year’s legislation comes at a 

time of historic changes on the ground 

in Burma. Daw Aung San Suu Kyi, long 

a political prisoner in the country, is 

now a member of Parliament. The National League for Democracy, once a 

banned organization, now actively participates in the political life of Burma. 

For these reasons, the administration has taken a number of actions to 

acknowledge the impressive reforms 

that President Thein Sein and his government have instituted. The United 

States has responded by sending an 

ambassador to Burma for the first time 

in two decades. The administration 

also largely waived the investment ban 

and financial restrictions, permitting 

U.S. businesses to begin investing 

again in Burma. 

For my part, I want to see investment in the ‘‘new’’ Burma. I want to 

see Burmese reformers empowered accordingly, and I want to see greater 

economic development come to this 

underdeveloped country. And, frankly, 

during challenging economic times 

here at home, I want American businesses to be able to compete in Burma 

now that sanctions have been removed 

by other Western governments. 

That said, high standards for accountability in American business operations in Burma are important going 

forward. This seems particularly acute 

with regard to transactions involving 

Myanmar Oil and Gas Enterprise. I 

would urge U.S. businesses to show the 

Burmese people and the world the positive effects that American investment 

prompts. I am confident that, as they 

do elsewhere around the world, U.S. enterprises in Burma will set the standard for ethical and transparent business practices and lead the way for others to follow. 

I would be remiss if I did not note the 

significant challenges in Burma that 

lie ahead. Ongoing violence in Kachin 

State and sectarian tensions in Arakan 

State reflect the long-term challenge 

of national reconciliation. Hundreds of 

political prisoners remain behind bars. 

The constitution still has a number of 

undemocratic elements. And the regime’s relationship with North Korea, 

especially when it comes to arms sales 

with Pyongyang, remains an issue of 

grave concern. 

Even with these challenges, however, 

I am greatly encouraged by the 

progress that has been made over the 

past year and a half in Burma. My colleagues and I in the Senate will continue to monitor developments in the 

country with great interest and with 

hope for the future. 

f 

AFRICAN GROWTH AND 

OPPORTUNITY AMENDMENT ACT 

The PRESIDING OFFICER. Under 

the previous order, H.R. 5986 having 

been received from the House of Representatives, and its text being identical to the text of S. 3326, the Senate 

will proceed to the immediate consideration of the measure, which the clerk 

will report. 

The bill clerk read as follows: 

A bill (H.R. 5986) to amend the African 

Growth and Opportunity Act to extend the 

third-country fabric program and to add 

South Sudan to the list of countries eligible 

for designation under that Act, to make 

technical corrections to the Harmonized Tariff Schedule of the United States relating to 

the textile and apparel rules of origin for the 

Dominican Republic-Central America-United 

States Free Trade Agreement, to approve the 

renewal of import restrictions contained in 

the Burmese Freedom and Democracy Act of 

2008, and for other purposes. 

The PRESIDING OFFICER. Under 

the previous order, the clerk will read 

the bill for the third time. 

The bill was read the third time. 

The PRESIDING OFFICER. Under 

the previous order, the bill (H.R. 5986) 

is passed. 

f 

VETERANS JOBS CORPS ACT OF 

2012—MOTION TO PROCEED—Continued 

Ms. STABENOW. Mr. President, I 

would suggest the absence of a quorum. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The assistant bill clerk proceeded to 

call the roll. 

Mr. MCCAIN. Mr. President, I ask 

unanimous consent that the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER (Mr. 

WHITEHOUSE). Without objection, it is 

so ordered. 

SYRIA

Mr. MCCAIN. Mr. President, at this 

late hour of our session, until September, I think it is important we continue to pay attention to and be concerned about the situation in Syria. 

Today, Kofi Annan, the former Secretary General of the United Nations, 

announced the failure of his mission. If 

there is anything about the conflict in 

Syria that did not surprise most of us, 

it is the fact that Kofi Annan’s mission 

was a failure. It was doomed to failure 

from the beginning. It was based on the 

premise that somehow Bashar Assad 

would be motivated to stop the massacre of his people. It was motivated on 

the premise that somehow U.N. observers could come in and stand between 

the two fighting forces but totally ignore the fundamentals of this conflict. 

The fundamentals of this conflict are 

simple: It is the Syrian people attempting to assert their God-given rights and 

throw off the yoke of a brutal and unconscionable dictator, and on the other 

side of the equation Bashar Assad’s 

commitment to doing whatever is necessary, including massacring now as 

many as 20,000 of his own people in his 

desperate quest to remain in power in 

Syria. 

Let’s not forget that one of the reasons we have seen heavy Russian involvement in the form of supplies of 

arms and equipment and continued 

Russian veto of resolutions in the U.N. 

Security Council that would have imposed even the mildest sanctions on 

Bashar Assad is what seems to be some 

kind of nostalgia on President Putin’s 

part for the old Russian empire and the 

maintenance of their one base on the 

Mediterranean port in Syria. 

The Russians’ behavior in this 

throughout, as they continue to block 

one resolution after another, of course, 

is revealing of the true nature of the 

Putin regime, the autocracy and 

kleptocracy that has now asserted its 

full power and weight in Russia. In addition to that, of course, we have the 

Chinese joining Russia in their sustaining of vetoes in the U.N. Security 

Council. 

It is hard to overstate the damage 

these actions by Russia and China have 

done to them, but it is also hard to 

overstate the damage that has been 

done to the Syrian people, with Russian equipment being supplied constantly, Iranian boots on the ground 

helping to set up torture centers, and 

continued encouragement of Bashar 

Assad to remain in power. 

I am not here to again critique this 

administration’s abysmal record, but 

isn’t it ludicrous—isn’t it ludicrous—to 

base your entire policy toward Syria 

on the belief that somehow the Russians would convince Bashar Assad 

that he should leave Syria? Isn’t it 

foolish to somehow base your policy 

and nonintervention on the belief that 

somehow the mission of a former Secretary General of the United Nations 

would succeed when it was clear the 

Syrian people were not going to be satisfied with the continuous barbarous 

regime of Bashar Assad, and certainly 

Bashar Assad was not going to give up? 

It is clear through Iran’s actions that 

its rulers are playing for keeps in 

Syria, and they will stop at nothing to 

prevent the fall of Bashar Assad. Why 

are the Iranians so committed and involved? The words of General Mattis, 

the Commander of U.S. Central Command, described it before the Senate 

Armed Services Committee when he 

said that the fall of Bashar Assad 

would be ‘‘the greatest blow to Iran in 

25 years.’’ 

So the United States does have more 

than a humanitarian interest in what 


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