[Congressional Record (Bound Edition), Volume 155 (2009), Part 20]
[Senate]
[Pages 27673-27677]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. UDALL, of New Mexico (for himself and Mr. Bond):
  S. 2760. A bill to amend title 38, United States Code, to provide for 
an increase in the annual amount authorized to be appropriated to the 
Secretary of Veterans Affairs to carry out comprehensive service 
programs for homeless veterans; to the Committee on Veterans' Affairs.
  Mr. UDALL of New Mexico. Mr. President, tomorrow we will observe 
Veterans Day, a day to honor the millions of men and women who put on 
the uniform to defend our Nation. In communities across the Nation, we 
will gather to thank all veterans for their service, for their having 
risked their lives so that the rest of us could enjoy freedom.
  I rise to offer legislation that is meant to honor veterans who are 
too often forgotten. Tonight, on the eve of the day meant to highlight 
their heroism, more than 130,000 veterans will be homeless, left 
without a home and without a warm meal. For many, they are on the 
streets with their families--husbands and wives and children left 
without any safety net. Perhaps they recently lost their job. Perhaps 
they recently lost their home to foreclosure. Why they are on the 
streets matters less than why we have left them on their own.
  When coming into office, President Obama set a goal of ending 
homelessness among veterans within 5 years. This is a goal that I 
strongly support. VA Secretary Shinseki, himself a decorated veteran, 
has aggressively taken on this challenge, focusing efforts and funding 
toward eradicating homelessness.
  Last Friday, I rose on this floor to increase funding for the 
homelessness and grant per diem program to the fully authorized amount 
of $150 million. This vital program has produced real results, offering 
transitional housing to veterans and their families and

[[Page 27674]]

allowing organizations to construct and renovate facilities that can 
provide a multitude of services. I am hopeful that we will see this 
amendment pass and this level of funding included in the final bill.
  However, if we are going to reach the President's goal of ending 
veterans' homelessness in five years, more will be needed. For that 
reason, I am joined today by Senator Bond in introducing S. 2760, 
legislation to increase the authorization of the grant and per diem 
program to $200 million. This increased funding can provide hundreds, 
perhaps thousands, of new beds and facilities for veterans in all 50 
States.
  Congressman Harry Teague introduced similar legislation earlier this 
year in the House where it has been marked up in subcommittee and is 
awaiting further action. I am hopeful that we will see Congress stand 
up to this moral obligation and provide the full resources needed for 
the thousands of veterans who have no home, who have no hope.
  Last week, as I offered my amendment, I read a letter from a 15-year-
old Boy Scout from Albuquerque. His father and grandfather are veterans 
and he is planning to follow in their footsteps and join the military 
himself when he is old enough. This young man wrote to say how angry he 
is that we are not doing enough to help our homeless veterans. ``These 
men and women are doing what they were called to do by our 
government,'' he wrote, ``but then they come back and are treated so 
poorly by everyone. We, as a Nation, need to do more to help our 
veterans.''
  To the smart young man who wrote me that letter and to all of 
America's veterans, this bill builds on efforts to meet our country's 
moral obligations to the men and women who so bravely served our 
country. I thank Senator Bond for his support and I urge fast action to 
move this legislation forward.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 2762. A bill to designate certain lands in San Miguel, Ouray, and 
San Juan Counties, Colorado, as wilderness, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the San 
Juan Mountains Wilderness Act of 2009. This bill is the Senate 
companion to the bill introduced by Representative John Salazar in the 
House of Representatives.
  I want to thank Representative Salazar for all of his great work in 
bringing this bill forward. I am proud to sponsor this legislation in 
the Senate along with my Colorado colleague, Senator Bennet.
  The San Juan Mountains Wilderness Act would designate about 33,383 
acres in southwestern Colorado as wilderness, and about 21,697 acres as 
a special management area. It would also withdraw about 6,596 acres 
from mineral entry lands within the Naturita Canyon.
  The bill is the result of the extensive work by many people to 
develop a collaborative approach to wilderness proposals and land 
protection designations. Representative Salazar and his staff worked 
with the affected Colorado county commissioners and interested 
stakeholders in developing this legislation. It is crafted to take into 
account the various ongoing uses of these lands, such as for water and 
recreation, while also providing strong managerial protection for these 
sensitive lands.
  These lands are indeed worthy of this designation.
  This region of Colorado is blessed with stunning beauty. Much of the 
land proposed for wilderness and other protections in this legislation 
are additions to existing wilderness. Those areas include the Mt. 
Sneffels Wilderness Area and the Lizard Head Wilderness--two areas that 
contain fourteen thousand foot peaks. They are defined by their rugged 
beauty or rock and ice surrounded by forests that frame these peaks in 
summer's vibrant greens and brilliant fall colors.
  The bill also establishes a new area called McKenna Peak. This peak 
presides over imposing sandstone cliffs which rise 2,000 feet above the 
plain that presents a remarkable opportunity to add a unique landform 
to the National Wilderness Preservation System. It also provides 
important winter wildlife habitat for large numbers of deer and elk. 
The Peak borders North Mountain, now considered to contain one of the 
largest deer and elk herds in all of Colorado. The Division of Wildlife 
places winter numbers of deer at 500 to 600, with up to 150 wintering 
elk. The favorable habitat for deer and elk naturally draws many 
hunters. Over 30,000 recreation user days are recorded annually during 
hunting season in the game management unit of which McKenna Peak is a 
part.
  A wild horse herd numbering about 100 roams the western reaches of 
McKenna Peak within the designated Spring Creek Wild Horse Herd 
Management Area. Bald eagles winter in the lower reaches of the area, 
and peregrine falcons have been sighted as well. Mountain lions, 
bobcats, and black bear are also known to inhabit McKenna Peak. Other 
natural features of interest include rich fossil beds.
  Moreover, the bill would establish the Sheep Mountain Special 
Management Area. This area is equally as striking as the surrounding 
mountains and valleys that are already protected or would be protected 
as wilderness in this legislation. However, since helicopter skiing 
currently exists in this area, the legislation designates this area in 
a way that protects its wilderness character, but still allows this use 
to continue. It is the sort of accommodation that is reflective of 
sound wilderness and land protection proposals, and I appreciate the 
compromises that are reflected in this approach.
  As many of these lands are in high altitude areas, there should not 
be any issues related to water or other conflicts. As a result, the 
legislation does not exert a federally reserved water right, but allows 
access to existing water facilities and needs while also precluding any 
federal assistance for any new or expansion of existing water resource 
facility.
  This bill has been carefully crafted and narrowly tailored to apply 
deserving protections to these lands. I look forward to working with my 
colleagues in seeing it passed.
  Mr. President, I ask unanimous Consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2762

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``San Juan Mountains 
     Wilderness Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Covered land.--The term ``covered land'' means--
       (A) lands designated as wilderness under section 3 or 
     section 4; and
       (B) lands designated as a special management area under 
     section 4.
       (2) Nonconforming use.--The term ``nonconforming use'' 
     means any commercial helicopter-assisted skiing or 
     snowboarding activities within the lands designated as a 
     special management area under section 4 that have been 
     authorized by the Secretary as of the date of enactment of 
     this Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     appropriate.
       (4) State.--The term ``State'' means the State of Colorado.

     SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 3,170 
     acres, as generally depicted on a map titled ``Proposed 
     Wilson, Sunshine, Black Face and San Bernardo Additions to 
     the Lizard Head Wilderness'', dated May 2009, and which are 
     hereby incorporated into the Lizard Head Wilderness area.
       (2) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 8,375 
     acres, as generally depicted on a map titled ``Proposed 
     Liberty Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness'', dated May 2009, and which are hereby 
     incorporated into the Mt. Sneffels Wilderness area.
       (3) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 13,224 
     acres,

[[Page 27675]]

     as generally depicted on a map titled ``Proposed Whitehouse 
     Additions to the Mt. Sneffels Wilderness'', dated May 2009, 
     and which are hereby incorporated into the Mt. Sneffels 
     Wilderness area.
       (4)(A) Certain lands in the San Juan Resource Area of the 
     Bureau of Land Management comprising approximately 8,614 
     acres, as generally depicted on a map titled ``Proposed 
     McKenna Peak Wilderness'', dated May 2009, and which shall be 
     known as the McKenna Peak Wilderness.
       (B) The lands designated under subparagraph (A) shall be 
     administered as a component of the National Landscape 
     Conservation System.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall file a map and 
     a legal description of each wilderness area designated by 
     this Act with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in the map and legal 
     description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the Office of the Director of the 
     Bureau of Land Management and in the Office of the Chief of 
     the Forest Service, as appropriate.

     SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.

       (a) Designation.--Certain lands in the Grand Mesa, 
     Uncompahgre, and Gunnison and San Juan National Forests 
     comprising approximately 21,697 acres as generally depicted 
     on a map titled ``Proposed Sheep Mountain Special Management 
     Area'' and dated May 2009, are hereby designated as the Sheep 
     Mountain Special Management Area.
       (b) Maps and Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the Federal land described in 
     subsection (a) with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct typographical errors in the maps and legal 
     descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the United 
     States Forest Service.
       (c) Management.--
       (1) In general.--Until Congress determines otherwise, 
     activities within the area designated in subsection (a) shall 
     be managed by the Secretary of Agriculture so as to maintain 
     the area's presently existing wilderness character and 
     potential for inclusion in the National Wilderness 
     Preservation System.
       (2) Prohibitions.--The following shall be prohibited on the 
     Federal land described in subsection (a):
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land and to protect 
     public health and safety--
       (i) the use of motorized or mechanized vehicles, except as 
     described in paragraph (3); and
       (ii) the establishment of temporary roads.
       (3) Allowable activities.--The Secretary may allow 
     activities, including helisking, that have been authorized as 
     of the date of the enactment of this Act to continue within 
     the area designated in subsection (a). The designation under 
     subsection (a) shall not impact future permit processes 
     relating to such activities.
       (4) Applicable law.--Any uses of the Federal land described 
     in subsection (a), including activities described in 
     paragraph (3), shall be in accordance with applicable law.
       (d) Withdrawal.--Subject to valid existing rights, the 
     Federal land described in subsection (a) is withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     energy leasing.
       (e) Designation as Wilderness.--Lands described in 
     subsection (a) shall be designated as wilderness on the date 
     on which the Secretary publishes in the Federal Register 
     notice that the nonconforming use has terminated.
       (f) Administration as Wilderness.--Upon its designation as 
     wilderness under subsection (e), the Sheep Mountain Special 
     Management Area shall be--
       (1) known as the Sheep Mountain Wilderness; and
       (2) administered in accordance with the Wilderness Act (16 
     U.S.C. 1133 et seq.) and section 3.

     SEC. 5. ADMINISTRATIVE PROVISIONS.

       (a) In General.--
       (1) Subject to valid rights in existence on the date of the 
     enactment of this Act, land designated as wilderness under 
     section 3 or section 4 shall be administered by the Secretary 
     in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (B) this Act.
       (2) The Secretary may continue to authorize the competitive 
     running event permitted since 1992 in the vicinity of the 
     boundaries of the Sheep Mountain Special Management Area 
     designated by section 4(a) and the Liberty Bell addition to 
     the Mt. Sneffels Wilderness designated by section 3(a)(2) in 
     a manner compatible with the preservation of such areas as 
     wilderness.
       (b) Effective Date of the Wilderness Act.--With respect to 
     land designated as wilderness under section 3 or section 4, 
     any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) 
     to the effective date of the Wilderness Act shall be deemed 
     to be a reference to the date of the enactment of this Act or 
     the date of the Secretary designating the land as wilderness.
       (c) Fish and Wildlife.--Nothing in this Act shall affect 
     the jurisdiction or responsibility of the State with respect 
     to wildlife and fish.
       (d) No Buffer Zones.--
       (1) In general.--Nothing in this Act shall create a 
     protective perimeter or buffer zone around covered land.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use can be seen or heard from 
     within covered land shall not preclude the conduct of the 
     activity or use outside the boundary of the covered land.
       (e) Withdrawal.--Subject to valid rights in existence on 
     the date of the enactment of this Act, covered land is 
     withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public land 
     laws;
       (2) location, entry, and patent under mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Acquired Land.--Any land or interest in land located 
     inside the boundaries of covered land that is acquired by the 
     United States after the date of the enactment of this Act 
     shall become part of the relevant wilderness or special 
     management area and shall be managed in accordance with this 
     Act and other applicable law.
       (g) Grazing.--Grazing in covered land shall be administered 
     in accordance with section 4(d)(4) of the Wilderness Act (16 
     U.S.C. 1133(d)(4)), as further interpreted by section 108 of 
     Public Law 96-560, and the guidelines set forth in appendix A 
     of the Report of the Committee on Interior and Insular 
     Affairs to accompany H.R. 2570 of the 101st Congress (H. 
     Rept. 101-405).
       (h) Ames Hydroelectric Project.--The inclusion in the 
     National Wilderness Preservation System or designation under 
     section 4 of this Act as a Special Management Area as 
     described in section 4 of this Act, shall not be construed to 
     interfere with the operation and maintenance of the Ames 
     Hydroelectric Project, as currently licensed by the Federal 
     Energy Regulatory Commission, or as reauthorized in the 
     future, including reasonable use of National Wilderness 
     Preservation System lands or Special Management Area for any 
     necessary repair or replacement of existing facilities, 
     transport of water and aerial or land access. All means of 
     access to the project that are currently permitted by the 
     Secretary on the date of enactment of this Act shall be 
     maintained.

     SEC. 6. WATER.

       (a) Findings, Purpose, and Definition.--
       (1) Findings.--Congress finds that--
       (A) the lands designated as wilderness or a Special 
     Management Area by this Act are located at the headwaters of 
     the streams and rivers on those lands, with few, if any, 
     actual or proposed water resource facilities located upstream 
     from such lands and few, if any, opportunities for diversion, 
     storage, or other uses of water occurring outside such lands 
     that would adversely affect the wilderness values of such 
     lands;
       (B) the lands designated as wilderness or Special 
     Management Area by this Act are not suitable for use for 
     development of new water resource facilities, or for the 
     expansion of existing facilities; and
       (C) therefore, it is possible to provide for proper 
     management and protection of the wilderness value of such 
     lands in ways different from those utilized in other 
     legislation designating as wilderness lands not sharing the 
     attributes of the lands designated as wilderness or Special 
     Management Area by this Act.
       (2) Purpose.--The purpose of this section is to protect the 
     wilderness values of the lands designated as wilderness or 
     Special Management Area by this Act by means other than those 
     based on a Federal reserved water right.
       (3) Definition.--As used in this section, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower

[[Page 27676]]

     projects, and transmission and other ancillary facilities, 
     and other water diversion, storage, and carriage structures.
       (b) Restrictions on Rights and Disclaimer of Effect.--
       (1) Water rights claims.--Neither the Secretary of 
     Agriculture nor the Secretary of the Interior, nor any other 
     officer, employee, representative, or agent of the United 
     States, nor any other person, shall assert in any court or 
     agency, nor shall any court or agency consider, any claim to 
     or for water or water rights in the State of Colorado, which 
     is based on any construction of any portion of this Act, or 
     the designation of any lands as wilderness or Special 
     Management Area by this Act, as constituting an express or 
     implied reservation of water or water rights.
       (2) No affect on water rights.--Nothing in this Act shall 
     be construed as a creation, recognition, disclaimer, 
     relinquishment, or reduction of any water rights of the 
     United States in the State of Colorado existing before the 
     date of enactment of this Act.
       (3) No interpretation or designation.--Except as provided 
     in subsection (g), nothing in this Act shall be construed as 
     constituting an interpretation of any other Act or any 
     designation made by or pursuant thereto.
       (4) No precedent.--Nothing in this section shall be 
     construed as establishing a precedent with regard to any 
     future wilderness designations.
       (c) New or Expanded Projects.--Notwithstanding any other 
     provision of law, on and after the date of enactment of this 
     Act neither the President nor any other officer, employee, or 
     agent of the United States shall fund, assist, authorize, or 
     issue a license or permit for the development of any new 
     water resource facility within the areas described in 
     sections 3 and 4 or the enlargement of any water resource 
     facility within the areas described in sections 3 and 4.
       (d) Access and Operation.--
       (1) Access to water resource facilities.--Subject to the 
     provisions of this subsection, the Secretary shall allow 
     reasonable access to water resource facilities in existence 
     on the date of enactment of this Act within the areas 
     described in sections 3 and 4, including motorized access 
     where necessary and customarily employed on routes existing 
     as of the date of enactment of this Act.
       (2) Access routes.--Existing access routes within such 
     areas customarily employed as of the date of enactment of 
     this Act may be used, maintained, repaired, and replaced to 
     the extent necessary to maintain their present function, 
     design, and serviceable operation, so long as such activities 
     have no increased adverse impacts on the resources and values 
     of the areas described in sections 3 and 4 than existed as of 
     the date of enactment of this Act.
       (3) Use of water resource facilities.--Subject to the 
     provisions of subsections (c) and (d), the Secretary shall 
     allow water resource facilities existing on the date of 
     enactment of this Act within areas described in sections 3 
     and 4 to be used, operated, maintained, repaired, and 
     replaced to the extent necessary for the continued exercise, 
     in accordance with Colorado State law, of vested water rights 
     adjudicated for use in connection with such facilities by a 
     court of competent jurisdiction prior to the date of 
     enactment of this Act. The impact of an existing facility on 
     the water resources and values of the area shall not be 
     increased as a result of changes in the adjudicated type of 
     use of such facility as of the date of enactment of this Act.
       (4) Repair and maintainence.--Water resource facilities, 
     and access routes serving such facilities, existing within 
     the areas described in sections 3 and 4 on the date of 
     enactment of this Act shall be maintained and repaired when 
     and to the extent necessary to prevent increased adverse 
     impacts on the resources and values of the areas described in 
     sections 3 and 4.
       (e) Existing Projects.--Except as provided in subsections 
     (c) and (d), the provisions of this Act related to the areas 
     described in sections 3 and 4, and the inclusion in the 
     National Wilderness Preservation System of the areas 
     described in section 3 and 4, shall not be construed to 
     affect or limit the use, operation, maintenance, repair, 
     modification, or replacement of water resources facilities in 
     existence on the date of enactment of this Act within the 
     boundaries of the areas described in sections 3 and 4.
       (f) Monitoring and Implementation.--The Secretaries of 
     Agriculture and the Interior shall monitor the operation of 
     and access to water resource facilities within the areas 
     described in sections 3 and 4 and take all steps necessary to 
     implement the provisions of this section.
       (g) Interstate Compacts.--Nothing in this Act, and nothing 
     in any previous Act designating any lands as wilderness, 
     shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State of Colorado and other States. Except as expressly 
     provided in this section, nothing in this Act shall affect or 
     limit the development or use by existing and future holders 
     of vested water rights of Colorado's full apportionment of 
     such waters.

     SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS.

       (a) Withdrawal.--Subject to valid rights in existence on 
     the date of the enactment of this Act, land described in 
     subsection (b) is withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public land 
     laws;
       (2) location, entry, and patent under mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (b) Land Described.--The land to be protected under 
     subsection (a) is the approximately 6,596 acres depicted on 
     the map titled ``Naturita Canyon Mineral Withdrawal Area'' 
     and dated May 2009.
                                 ______
                                 
      By Mr. KERRY:
  S. 2765. A bill to amend the Small Business Act to authorize loan 
guarantees for health information technology; to the Committee on Small 
Business and Entrepreneurship.
  Mr. KERRY. Mr. President, as we move forward in modernizing our 
health care system, we must not forget the small businesses that simply 
cannot afford the upfront costs of installing new health information 
technology. That is why today I am introducing the Small Business 
Health Information Technology Financing Act. This bill will amend the 
Small Busis Act to allow the administrator of the Small Business 
Administration to guarantee up to 90 percent of the amount of a loan to 
small business health professionals to be used for the purchase and 
installation of health information technology. The loans can be used 
for computer hardware, software and other technology that will assist 
in the use of electronic health records and prescriptions.
  A modernized health system using electronic prescribing and 
electronic health records will help improve patient care while reducing 
costs. Electronic prescribing not only saves money through improved 
efficiency, but more importantly, it reduces medical errors and saves 
lives. According to the Institute of Medicine, 1/3 of written 
prescriptions require follow-up clarification, with medication mistakes 
causing 7,000 deaths and 1.5 million injuries per year. The Medicare 
Improvements for Patients and Providers Act that was enacted into law 
in July 2008 included provisions from my electronic prescribing bill, 
providing incentive payments for medical professionals using electronic 
prescribing. Now we must take an additional step to make health IT 
accessible to small providers so they can afford to implement new 
technology such as e-prescribing and electronic health records.
  Small businesses employ more than half of all private sector 
employees and have generated 64 percent of net new jobs in the past 15 
years. Access to capital for small health providers not only benefits 
patients but also boosts small businesses in the medical field. Helping 
small businesses grow and succeed is critical as we look to create jobs 
and strengthen the economy.
  It is my hope that we can move forward with this bill in a bi-
partisan manner. I ask all of my colleagues to support this 
legislation.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. Casey):
  S. 2766. A bill to provide for the coverage of medically necessary 
food under Federal health programs and private health insurance; to the 
Committee on Finance.
  Mr. KERRY. Mr. President, each year an estimated 2,550 children in 
the U.S. are diagnosed with an inborn error of metabolism disorder. For 
the rest of their lives they will need modified foods that are void of 
the nutrients their body is incapable of processing. They may also 
require supplementation with pharmacological doses of vitamins and 
amino acids. The good news is that with treatment they can lead normal, 
productive lives. But without these foods and supplements, patients can 
become severely brain-damaged and hospitalized.
  Newborn screening has made a tremendous difference in the early 
diagnosis of metabolic disorders, but affordable and accessible 
treatment options remain out of reach for too many Americans. Medical 
foods and supplements which are necessary for treatment may not be 
covered by insurance policies and can be prohibitively expensive for 
many families. For those with

[[Page 27677]]

a metabolic disorder, medical foods are critical in treatment, just as 
other conditions are treated with pills or injections. The sporadic 
insurance coverage of treatment has already been recognized as a 
problem. Over 30 States have enacted laws to enforce coverage of 
medical foods, but too many loopholes Thmain and federal legislation is 
necessary to ensure that these individuals receive what they need to 
stay well.
  The Medical Foods Equity Act follows the April 2009 recommendations 
of the U.S. Health and Human Services Secretary's Advisory Committee on 
Heritable Disorders in Newborns and Children. It will ensure coverage 
of medical foods and necessary supplements for individuals with 
disorders as recommended by the Advisory Committee and, most 
importantly, peace of mind for those families affected by inborn errors 
of metabolism.
  The lack of medical food coverage available to families has a 
significant impact on their lives. With the current situation of 
varying regulations between States and insurance providers, even 
families with coverage find themselves living in fear that a change in 
insurance provider will lead to reduced or nonexistent coverage. Too 
many Americans across the country are struggling to access the 
treatment they need for this type of disorder.
  Take the story of Donna from Wilmington, MA. Donna has two daughters 
with phenylketonuria and she speaks eloquently about the frustration 
she experienced after her employer switched insurance plans. Because 
medical foods are not listed along with other necessary medicines, 
Donna was forced to navigate a long list mostly made up of durable 
medical equipment providers unequipped to help her. Even when she 
finally found a pharmacy that could order the formula, she was told 
that they required an upfront payment because they were wary of not 
being reimbursed by insurance companies. In Donna's own words, she was 
dismayed at ``having that feeling like you're being held hostage every 
time a change may occur in your insurance or carrier.''
  Donna's story sharply illustrates the potential pitfalls even for 
those with insurance that offers some coverage. Too many families face 
a lack of coverage altogether. Take the case of Gwen of Waltham, 
Massachusetts. Her son Austen was 36 hours old when his heart stopped 
for over 20 minutes. Thankfully, he was stabilized but one doctor gave 
him only 6 months to live. A second opinion brought hope for Austen's 
family and a diagnosis of Glutaric Acidemia Type Two. Glutaric Acidemia 
Type Two is an inborn error of metabolism managed almost exclusively 
through diet. Because of the disorder, Austen cannot metabolize much 
fat or protein. He relies on supplements and specialty foods. 
MassHealth, Medicaid, covers most of the supplements but not the foods. 
Gwen pays for his food out of pocket, a significant strain on the 
family budget at a time when many families can least afford it. That 
strain is coupled with fears of job security and thoughts of what would 
happen if she could not pay for Austen's medical foods. No parent 
should have to see their child recover from a life-threatening trauma 
only to spend every day worrying about payment for their medical 
treatment--a treatment just as necessary as insulin for a diabetic or 
chemotherapy for a cancer patient.
  As newborn screening and medical advances continue to improve the 
ability of those born with an inborn error of metabolism to lead full, 
healthy lives, we must make sure that the necessary treatments are 
available. The Medical Foods Equity Act will close existing loopholes 
in coverage and provide the parity in coverage these families deserve. 
It is my hope that we can move forward with this bill in a bi-partisan 
manner. I ask all of my colleagues to support this legislation.

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