[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Pages 1034-1036]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LUGAR:
  S. 2562. A bill to authorize the extension of nondiscriminatory 
treatment (normal trade relations treatment) to the products of 
Kazakhstan; to the Committee on Finance.
  Mr. LUGAR. Mr. President, I rise today to introduce legislation 
designed to extend permanent normal trade relations to Kazakhstan. 
Kazakhstan is still subject to the provisions of the Jackson-Vanik 
amendment to the Trade Act of 1974, which sanctions nations for failure 
to comply with freedom of emigration requirements. This bill would 
repeal permanently the application of Jackson-Vanik to Kazakhstan.
  In the post-Cold-War era, Kazakhstan has demonstrated a commitment to 
meet these requirements, and in addition, has expressed a strong desire 
to abide by free market principles and good governance. Since 1992, 
Kazakhstan has been certified annually as meeting the Jackson-Vanik 
requirements. This legislation would make this trade relationship 
permanent and, in so doing, stimulate further market reforms and 
encourage a commitment to safeguarding individual liberties.
  The U.S. has a long record of cooperation with Kazakhstan through the 
Nunn-Lugar Cooperative Threat Reduction. Kazakhstan inherited the 
fourth largest nuclear arsenal in the world with the fall of the Soviet 
Union. Through the Nunn-Lugar Program the United States has assisted 
Kazakhstan in eliminating this deadly arsenal and joining the 
Nonproliferation Treaty as a nonnuclear state.
  Earlier this month, a team of American scientists working under the 
Nunn-Lugar Program quietly entered Kazakhstan in sub-zero temperatures 
to begin the careful packaging of bubonic and pneumonic plague samples 
in accordance with international safety standards for the transport of 
dangerous biological materials. I am pleased to inform my Senate 
colleagues that the samples have been safely transported on a U.S. Air 
Force C-17 cargo plane to the U.S. Centers for Disease Control and 
Prevention in Fort Collins, Colorado. It marked the successful 
completion of a 5-year negotiation to secure, transport and develop a 
research program for the pathogens.
  Cooperative research by American and Kazakhstani scientists will 
develop prevention and cure possibilities for this deadly plague. It 
provides new hope for places where the disease is naturally occurring 
and helps deter the plague's use as a bio-terror weapon. As many may 
know, Plague is a highly lethal disease spread from rodents to humans 
by fleas. It caused the Black Death which swept across Europe in the 
14th century. It is estimated that 20-30 million Europeans died--
perhaps as much as half of the continent's population at the time. An 
estimated 75 million people worldwide died from the Black Plague.
  Kazakhstani and American plague experts will conduct joint research 
on the samples at Federal labs in Fort Collins, CO. They will develop 
advanced diagnostics and treatments for plague. This cooperative public 
health research funded through the U.S. Department Health and Human 
Services Biotechnology Engagement Program will yield valuable 
scientific insights into a potentially devastating disease, which is 
endemic throughout Central Asia. The aim of such cooperation is to 
improve the protection of Kazakhstani and global populations against a 
naturally occurring disease that could also be exploited by terrorists.
  U.S. strategic and economic interests intersect in Central Asia. With 
Russia to the north and Iran and Afghanistan to the south, energy-rich 
Central Asia is at the frontline of American national security 
priorities. We have tremendous opportunities in the region, but it will 
take time and consistent high-level effort to build constructive 
relationships. This region needs to have a much higher priority on 
America's foreign policy agenda. In Kazakhstan, we have a record of 15 
years of collaboration on weapons destruction through the Nunn-Lugar 
program. This is a solid foundation on which to continue building our 
relationship.
  I recently traveled to Kazakhstan and met with senior government 
officials and discussed opportunities for expanding cooperation with 
the United States, including energy security. In my conversations with 
Kazakh leaders I encouraged the government to pursue trans-Caspian 
transportation options for oil and gas. At the current time, Kazakhstan 
relies almost exclusively upon Russia to transport oil and gas to world 
markets. In turn, Russia has occasionally demonstrated willingness to 
use its control over these supplies for political gain at the expense 
of our European allies. Opening trans-Caspian export routes will dilute 
Russia's control over energy supplies. Likewise, having multiple export 
options will reinforce the political independence of Kazakhstan. I was 
pleased that Kazakh officials indicated a willingness to work with the 
U.S. and their neighbors on these issues.
  There are areas in which Kazakhstan needs to continue to improve. 
These include market access, democratic and human rights reforms. The 
U.S. must remain committed to assisting Kazakhstan in pursuing these 
reforms. The government in Astana still has important work to do in 
these critical areas. The permanent waiver of Jackson-Vanik and 
establishment of permanent normal trade relations will be the 
foundation on which further progress in a burgeoning partnership can be 
made.
  I am hopeful that my colleagues will join me in supporting this 
important legislation. It is essential that we act promptly to bolster 
this burgeoning democracy and promote stability and in this region.
                                 ______
                                 
      By Mr. LUGAR:
  S. 2563. A bill to authorize the extension of nondiscriminatory 
treatment (normal trade relations treatment) to the products of 
Azerbaijan; to the Committee on Finance.
  Mr. LUGAR. Mr. President, I rise today to introduce legislation 
designed to extend permanent normal trade relations to Azerbaijan. 
Azerbaijan is still subject to the provisions of the Jackson-Vanik 
amendment to the Trade Act of 1974, which sanctions nations for failure 
to comply with freedom of emigration requirements. This bill would 
repeal permanently the application of Jackson-Vanik to Azerbaijan.
  In the post-Cold-War era, Azerbaijan allows its citizens the right 
and opportunity to emigrate and has demonstrated a commitment to meet 
these requirements. In addition, Azerbaijan has expressed a strong 
desire to abide by free market principles and good governance. Since 
1992, Azerbaijan has been certified annually as meeting the Jackson-
Vanik requirements. This legislation would make this trade relationship 
permanent and, in doing so, stimulate further market reforms and 
encourage its continued commitment to safeguarding individual 
liberties.
  The U.S. has a long record of cooperation with Azerbaijan through the 
Nunn-Lugar Cooperative Threat Reduction. Through the Nunn-Lugar Program 
the U.S. has assisted Azerbaijan in safely securing dangerous 
stockpiles of deadly pathogens and infectious diseases and improving 
its ability to interdict weapons and materials of mass destruction. In 
2005 the Nunn-Lugar Program in close coordination with Government of 
Azerbaijan transported 124 samples of 62 unique strains of plague, 
anthrax, cholera, and other dangerous diseases from Baku to the U.S. 
Armed Forces Institute of Pathology in Washington, DC. These strains 
were collected over many years from environmental, human, and animal 
sources in Azerbaijan. The strains will be studied in joint research 
programs with the U.S. Department of Defense and Azerbaijan medical 
researchers.
  Earlier this month I traveled to Azerbaijan and met with President 
Aliyev and the First Lady of Azerbaijan. We had an interesting 
discussion on the important role Azerbaijan is playing in energy 
recovery and transportation. It is a tribute to Azerbaijan that they 
are using their energy resources to the benefit of global security. 
Building

[[Page 1035]]

pipelines and opening energy production to foreign markets requires 
difficult foreign policy decisionmaking. Azerbaijan is located in a 
tough neighborhood, and countries there are under tremendous pressure 
to keep their distance from the U.S. I thanked President Aliyev for 
taking concrete steps to affirm his country's strategic partnership 
with the U.S.
  I discussed at length with the President and members of his 
Government the possibility of connecting Azerbaijan's energy 
infrastructure with Kazakhstan and Turkmenistan. I encouraged continued 
progress on rapprochement between Governments in Baku and Ashgabat. I 
heard encouraging statements toward improved relations and cooperation 
on energy in both Ashgabat and Baku. It is clear that there is 
willingness for progress.
  Integrating some oil and gas production in Kazakhstan and 
Turkmenistan would diversify export routes for those countries and 
import sources for European nations. Successful integration of such 
trans-Caspian transport routes is a vital contribution to international 
peace and security. In some countries oil and gas revenues are a curse, 
leading to corruption and conflict. Two years ago President Aliyev 
pledged to me that Azerbaijan would follow the Norway model in managing 
its oil and gas revenues. As reflected by the State Oil Fund of 
Azerbaijan's receipt in 2007 of the United Nations Public Service 
Award, it is now on a path of transparency and is investing for 
development today and for future generations. I am hopeful that 
progress in Azerbaijan will continue and other emerging countries learn 
from Azerbaijan's example.
  One of the areas where we can deepen U.S.-Azerbaijan relations is 
bilateral trade. In light of its adherence to freedom of emigration 
requirements, compliance with threat reduction and unwavering 
cooperation in the production and delivery of energy supplies, the 
products of Azerbaijan should not be subject to the sanctions of 
Jackson-Vanik. The U.S. must remain committed and engaged in assisting 
Azerbaijan in pursuing democratic and human rights reforms. The 
Government in Baku still has important work to do in these critical 
areas, including in the area of media freedom and freedom of assembly. 
I discussed the ongoing democratic reforms with President Aliyev during 
my visit and was assured that they are proceeding. Azerbaijan faces an 
important Presidential election this October. The support and 
encouragement of the U.S. and the international community will be key 
to encouraging the Government of Azerbaijan to hold free and fair 
elections. The permanent waiver of Jackson-Vanik and establishment of 
permanent normal trade relations will be the foundation on which 
further progress in a burgeoning economic and energy partnership can be 
made.
  I am hopeful that my colleagues will join me in supporting this 
important legislation. It is essential that we act promptly to bolster 
this important relationship and promote stability in this region.
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Sununu, and Mr. Specter):
  S. 2565. A bill to establish an awards mechanism to honor exceptional 
acts of bravery in the line of duty by Federal law enforcement 
officers; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, the Federal Law Enforcement Congressional 
Badge of Bravery Act of 2007 establishes an award to honor exceptional 
acts of bravery in the line of duty by Federal law enforcement 
officers. This bipartisan bill is cosponsored by Senators Arlen Specter 
and John Sununu and it is supported by the Federal Law Enforcement 
Officers Association along with other law enforcement groups.
  An ``ABC Nightly News'' series last November reported that 2007 may 
turn out to be one of the deadliest years in history for law 
enforcement officers. That sour prediction has come to pass. The 
National Law Enforcement Officers Memorial Fund--which commemorates the 
service and sacrifice of law enforcement officers and helps promote law 
enforcement safety--found that officer deaths were up sharply 
nationwide last year. There were 194 fatalities--34 percent more than 
the year before.
  Unfortunately, with crime on the rise around the country the increase 
in fallen officers should be no surprise. The FBI's Uniform Crime 
Report for 2006--the gold standard of crime reports in our country--
must be taken seriously. Murders were up 1.9 percent on top of the 
previous year's increases--these were the largest increases in 15 
years. What's more, violent crime rose 1.9 percent.
  Clearly, our Federal law enforcement officers are doing their jobs in 
an environment more fraught with danger than ever. Police departments 
around the country are scrambling in an arms race to match the 
firepower of the bad guys. In my view, we should give special 
recognition to those Federal law enforcement officers who are going 
above and beyond to protect us in this kind of environment.
  With this bill Congress can continue its support of the brave men and 
women law enforcement officers who risk their lives every day making 
sure our communities are safe. I hope this bill will be accepted by the 
full Senate.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mrs. Dole, Mr. Tester, Mrs. Murray, 
        Mr. Wyden, Ms. Cantwell Ms. Stabenow, and Mr. Obama):
  S. 2569. A bill to amend the Public Health Service Act to authorize 
the Director of the National Cancer Institute to make grants for the 
discovery and validation of biomarkers for use in risk stratification 
for, and the early detection and screening of, ovarian cancer; to the 
Committee on Health, Education, Labor, and Pensions.
  Mrs. BOXER. Mr. President, today I am joined by my colleagues 
Senators Dole, Tester, Murray, Wyden, Cantwell, Stabenow, and Obama to 
introduce the Ovarian Cancer Biomarker Research Act of 2008--
legislation that supports the research of early detection and screening 
of ovarian cancer
  For many years, ovarian cancer has been called the ``silent killer'' 
because the list of symptoms women are warned to look out for are 
merely whispers about the dangers of this deadly disease.
  There is currently no effective screening test available for ovarian 
cancer and the disease is difficult to identify because symptoms are 
easily misdiagnosed. Without an effective screening test most women who 
have ovarian cancer are diagnosed too late to be saved.
  A woman's chance of surviving ovarian cancer is considerably greater 
if she is diagnosed early. When ovarian cander is diagnosed early, more 
than 93 percent of women survive longer than 5 years. Unfortunately, 4 
out of 5 ovarian cancer cases in the U.S. are diagnosed in the later 
stages, when a woman's chance of surviving that long drops to about 30 
percent.
  Though only one in 69 women will face ovarian cancer, this disease 
ranks fifth in cancer deaths among women and causes more deaths than 
any other cancer of the female reproductive system. In the last year 
alone, the National Cancer Institute, (NCI), estimated there were 
15,280 deaths from ovarian cancer in the U.S.
  Developing the tools to detect ovarian cancer early is critical to 
improving the rate of survival for women struck by this disease--that 
is why this legislation is so necessary.
  Specifically, the Ovarian Cancer Biomarker Research Act would 
authorize NCI to make grants for public or nonprofit entities to 
establish research centers focused on ovarian cancer biomarkers. 
Biomarkers are biochemical features within the body that can be used to 
measure the progress of a disease and predict the effects of treatment. 
This legislation also authorizes funding for a national clinical trial 
that will enroll at-risk women in a study to determine the clinical 
utility of using these validated ovarian cancer biomarkers.
  I urge my colleagues to join me as well as the Society of Gynecologic 
Oncologists, the American College of Obstetricians and Gynecologists, 
the Ovarian Cancer National Alliance, and the American College of 
Surgeons in supporting the Ovarian Cancer Biomarker Research Act of 
2008.

[[Page 1036]]

  This legislation is of vital importance to the health of thousands of 
women across our Nation. I look forward to working with my colleagues 
to pass this critical investment in the fight against ovarian cancer.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Stevens):
  S. 2570. A bill to amend title II of the Social Security Act to 
authorize waivers by the Commissioner of Social Security of the 5-month 
waiting period for entitlement to benefits based on disability in cases 
in which the Commissioner determines that such waiting period would 
cause undue hardship to terminally ill beneficiaries; to the Committee 
on Finance.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, I rise this afternoon to discuss 
legislation that I have introduced that will fix an inequity in the 
Social Security disability insurance system. This inequity rises from 
Federal law that places an arbitrary 5-month waiting period on when an 
individual who has been diagnosed with a terminal illness is eligible 
for disability compensation provided through Social Security benefits.
  Currently, under title II of the Social Security Act, Federal law 
requires a 5-month waiting period from when the patient is diagnosed 
until the disability benefits begin. Monthly cash benefits, about $980 
on average, will be provided to the disabled individual to help offset 
medical or any other expenses and will also help diminish the financial 
hardships that are faced by those workers.
  The monthly cash benefits that are available to the individuals can 
help not only offset the medical or other expenses, but they can really 
help to diminish financial hardships that are faced by the workers, by 
the families, who really may have very little or oftentimes no 
resources to fall back upon during the early months of a disability.
  This legislation came about as a result of a telephone call received 
in my Anchorage office to the head of my constituent services. She 
received a call from a constituent in Alaska by the name of Robert 
James. He indicated he had been diagnosed in November with stage 4 lung 
cancer, and he was given, at that time, 3 to 6 months to live. He 
called my office asking for help.
  He wanted to know how, as someone who had just been diagnosed with a 
terminal illness, he might be eligible for disability compensation 
provided through Social Security benefits.
  And so my constituent service director, after listening to his story, 
went through everything to try to figure out a way to help this 
individual, only to learn that the process, the law as it sets out now, 
provides for a 5-month waiting period.
  Although Mr. James has insurance coverage through his employer, he is 
unable to work because of his disability. He is going to incur 
thousands of dollars, probably hundreds of thousands of dollars in 
medical bills because of this arbitrary 5-month waiting period.
  If he had only been given the opportunity to demonstrate his case for 
financial hardship to the Social Security Commissioner, he and his 
family may have qualified for this cash benefit offset. What my 
legislation would do is give the Social Security Commissioner the 
ability to waive the 5-month waiting period on a case-by-case basis for 
terminally ill individuals who would have to demonstrate the financial 
hardship.
  In Mr. James's case, as I indicated, he is employed, works for the 
cargo department of a major airline in Alaska, but he would have to 
demonstrate there is financial hardship as a consequence of this 
terminal diagnosis.
  It makes you wonder why this 5-month period. The capriciousness of a 
5-month waiting period is evidenced by looking at the legislative 
history. In 1972, the House Ways and Means Committee report sought to 
reduce the waiting period from at that time 6 months to 5 months. At 
the time the Senate Finance Committee was pushing for a shorter period. 
They were pushing for a 4-month period.
  So back in 1972, you had a 6-month period. Some wanted it to go to 4 
months. Eventually they agreed upon a 5-month waiting period. But it 
begs the question: Should it be 4 months, 5 months? Should it only be 1 
month?
  My legislation would give the Social Security Commissioner the 
discretion to waive the waiting period if the terminally ill individual 
can demonstrate a financial hardship. This will alleviate the financial 
burden or help to offset the financial burden of a terminal illness on 
the disabled individuals and their families and will also provide for a 
financial offset for paying medical bills after he or she is deceased.
  I would ask that in honor of my constituent, Mr. Jones, my colleagues 
support this bill because there are people who become disabled. We know 
they are unable to work. They need that monthly support to help offset 
the costs of their terminal illness.
  For this reason, it is imperative that the Social Security 
Commissioner have that ability on a case-by-case basis to make a 
determination for disability benefits. Mr. James's chemotherapy costs, 
we understand, are about between $10,000 and $15,000 per monthly 
session, and this does not include the other medical bills he is 
facing.
  I ask my colleagues to join me in supporting this legislation so that 
Robert James and Americans like Mr. James have the ability to qualify 
for disability benefits to offset these costly expenses without having 
to complete an arbitrary 5-month waiting period.

                          ____________________