[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[Senate]
[Pages 1308-1312]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Lieberman, and Ms. Collins):
  S. 300. A bill to prevent abuse of Government charge cards; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President, we often use the metaphor of credit 
cards to talk about uncontrolled government spending, but in some 
cases, wasteful government spending is quite literally enabled by the 
use of charge cards in the hands of government bureaucrats. That is why 
I am reintroducing the Government Charge Card Abuse Prevention Act. 
This legislation will ensure that Federal departments and agencies have 
in place, and keep in place, the kinds of safeguards necessary to 
prevent waste, fraud, and abuse with government issued charge cards. We 
have made a lot of progress since I first started shining the spotlight 
on this issue with the help of the Government Accountability Office, 
GAO. This legislation will secure the gains we have made to prevent any 
backsliding while adding in extra mechanisms to prevent and detect 
misuse of government charge cards.
  In 1998, the General Service Administration, GSA, entered into a 
contract with a set of commercial banks to utilize charge cards, not 
unlike those used by businesses large and small and millions of 
consumers worldwide. This is called the SmartPay program. These 
government charge cards include government purchase cards, which are 
used for acquisition of commercial goods and services by agencies and 
paid directly by the agency, and government travel cards, which are 
used to pay for individual government travel expenses and issued in the 
name of individual government employees.
  Government charge cards were intended as a low cost method to 
streamline government acquisition and travel processes. The whole idea 
was to adopt the best practices of the commercial sector. In the 
business sector, charge cards have been a success. They save time and 
money. The main reason they work so well is because the control 
environment in the private sector is rock solid and accountability is a 
fact of life. When a business is spending its own money, it is going to 
be sure that it accounts for every penny or it won't stay in business. 
As a result, corporate America, if an employee is caught abusing a 
card, they'll lose it or get fired.
  It is certainly a good idea for government to learn lessons from the 
business sector. However, there are certain fundamental differences 
between the private sector and the governmental sector that call for 
extra vigilance, mainly the fact that government spends other people's 
money. Human nature being what it is, most people are not nearly as 
careful spending other people's money as they would be spending their 
own.
  Sure enough, when the SmartPay program was first implemented, 
Federal departments and agencies did not take near the care that a 
private business would when handing out company charge cards. When I 
started looking into this with the GAO, we uncovered blatant examples 
of wasteful spending. Government employees were using their government-
issued charge cards to bypass any authorization and approval procedures 
and purchase items that had nothing to with their official duties. We 
are talking about LA-Z-Boy reclining chairs, kitchen appliances, and 
even a sapphire ring being paid for with government purchase cards, and 
with the American taxpayer paying the bill no questions asked.
  Government travel cards have been used for gambling, sporting events, 
concerts, cruises, and even gentlemen's clubs and legalized brothels. 
While travel cards are not paid directly with taxpayers' money like 
purchase cards, failure by employees to repay these cards results in 
the loss of millions of dollars in rebates to the Federal Government. 
Also, when credit card companies are forced to charge off bad debt, 
they raise interest rates and fees on everyone else.
  A series of GAO reports over the last decade have identified an 
inadequate and inconsistent control environment across numerous Federal 
agencies with respect to both government purchase cards and government 
travel cards. This has led to millions of dollars in taxpayers' money 
wasted. In some cases purchases were outright fraudulent, and others 
were of questionable need or were unnecessarily expensive. In each 
report it has issued, the GAO has made recommendations about what kind 
of controls need to be implemented to prevent such abuses from 
occurring in the future. In many cases, the same controls were often 
missing or inadequate, and therefore the same recommendations are 
repeated in report after report. One agency would promise to clean up 
its act, but then we would find the exact same problems with another. 
That is why I worked to develop legislation that would incorporate 
GAO's recommendations regarding some of the most basic controls needed 
in every agency to prevent abuse of government charge cards.
  As a result of the pressure applied by the relentless oversight of 
Congress, the GAO, and agency Inspectors General, we have seen some 
progress toward establishing a better control environment. In fact, the 
Office of Management and Budget has issued to Federal agencies a 
circular that seeks to bring about many of the controls we identified. 
However, this progress would not have been possible without the 
continual spotlight being shone on the problem and the threat of 
congressional action.
  In addition to requiring the most important internal controls across 
the government, the bill requires all Federal agencies to establish 
penalties for violations, including dismissal when circumstances 
warrant. This is necessary not only so that taxpayers know that those 
who would squander their money are held accountable, but also to send a 
message to other government employees that such behavior will not be 
tolerated. The bill also increases oversight by providing that each 
agency Inspector General periodically conduct risk assessments and 
audits to identify fraud and improper use of government charge cards. 
We have had great success working with Inspectors General using 
techniques like data mining to reveal instances of improper use of 
government charge cards. Having this information on an ongoing basis 
will help maintain and strengthen a rigorous system of internal 
controls to prevent future instances of waste, fraud, and abuse with 
government charge cards.
  This legislation has been revised a number of times with considerable 
input from the GAO as well as the Inspector General community and other 
stakeholders. In crafting the very carefully thought out bill before us 
today, I have appreciated the help and support provided by Chairman 
Lieberman and Ranking Member Collins, who have again joined me as 
original cosponsors of this bill. The version I have introduced today 
is the same bill that passed the Senate in the last Congress and I look 
forward to seeing it pass both houses of Congress and enacted into law 
in the very near future. That day, the American taxpayers will be able 
to rest just a little easier knowing that at least one avenue to 
potentially waste their hard earned money has been blocked.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 302. A bill to authorize the Secretary of the Interior to issue 
right-of-way permits for a natural gas transmission pipeline in 
nonwilderness areas within the boundary of Denali National Park, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to reintroduce legislation 
that I first offered in 2009 to authorize a right-of-way for 
construction of an Alaska in-state natural gas pipeline. The bill is 
being co-sponsored by my colleague from Alaska, Sen. Mark Begich. The 
pipeline would run along the State's main highway from Fairbanks to 
Anchorage, including 7 miles of highway through Denali National Park 
and Preserve.
  While many in this body are familiar with plans for a large-volume 
natural

[[Page 1309]]

gas pipeline to run from the Prudhoe Bay oil fields to the Lower 48 
States, there is concern that the large-diameter pipeline will not be 
finished in time to provide needed gas to Southcentral Alaska--gas that 
is vital for electric generation in Anchorage, the Mat-Su Borough, and 
Kenai Peninsula.
  Currently, electricity in Alaska's southern Railbelt, as it is 
called, is largely generated by burning natural gas produced from the 
gas fields in Cook Inlet, south of Anchorage. Cook Inlet production has 
been falling for years and businesses have been forced to close as a 
result.
  Serious concerns exist regarding the region's ability to produce 
sufficient gas for electric generation and home heating for Alaska's 
most populated area as early as the winter of 2014-15.
  Given the pace of planning for construction of the main line, it is 
unlikely that a larger Alaska natural gas pipeline will be able to 
deliver gas until 2020 or later--6 or more years too late to aid 
Southcentral Alaska's growing need for natural gas. Thus, to provide a 
reliable natural gas supply, Alaska is considering investing in a 
smaller pipeline to meet medium term demand.
  There are two proposals for small-diameter, 24-inch, in-state 
pipelines. One would run along the Richardson and Glenn Highways to the 
east, tying into existing transmission systems near Palmer, Alaska.
  The other ``bullet'' line, is the pipeline of concern in this 
legislation. It would run from Alaska's North Slope region, past 
Fairbanks, along the Parks Highway to the Mat-Su Valley near Anchorage, 
bringing about 500 million cubic feet of gas a day to Southcentral 
Alaska. This project would be completed well in advance of when a 
larger-diameter pipeline might be in service to deliver 4 to 4.5 
billion cubic feet a day to Lower 48 markets.
  The shortest and most logical route for a pipeline through or around 
the roughly 10-mile bottleneck of the Nenana River Canyon and Denali 
National Park and Preserve follows the existing highway, 7 miles of 
which pass through the Park. This route causes the least environmental 
and visual impact due to its location in an existing corridor, and 
provides a route that is easily accessible for routine pipeline 
maintenance.
  This route would be the least expensive to construct and operate. 
Moreover, it would offer several environmental advantages. Building the 
pipeline along the existing, previously disturbed Parks Highway right-
of-way, would allow for electricity generation from natural gas in the 
park facilities at Denali. For the first time, reasonably priced 
compressed natural gas, CNG, would be available to power park vehicles. 
Currently, National Park Service permitted diesel tour buses travel 1 
million road miles annually. Converting the buses to CNG would 
significantly reduce air emissions in the park.
  Another benefit is that in order for the pipe to cross the Nenana 
River, a new bridge will need to be built. The bridge would provide a 
pedestrian access/bicycle path for visitors who otherwise must walk 
along the heavily traveled highway.
  For these reasons, 8 environmental groups have expressed support for 
pipeline construction along the existing highway right-of-way through 
Denali Park. These groups are the National Parks and Conservation 
Association, the Alaska Conservation Alliance, the Denali Citizens 
Council, The Wilderness Society, Cook Inlet Keeper, the Alaska Center 
for the Environment, the Wrangell Mountain Center, and the Alaska 
Wildlife Alliance.
  Last year, the State of Alaska finished a preliminary study of the 
project. It continues to consider whether to permit and facilitate a 
``bullet'' line project, compared to other options, in order to meet 
future Southcentral power needs. Alaska state regulators and financial 
markets will ultimately decide which pipeline projects will go forward. 
It is my desire, however, to introduce legislation that would clear 
legal impediments to planning for the Parks Highway route.
  Approval of the right-of-way would remove a key unknown and provide 
greater certainty in the cost estimates and the timing for a project. 
Eliminating the uncertainty of permitting and regulatory delays will 
enable the Parks Highway route to compete on a level playing field with 
other pipeline projects.
  In 2009, this bill was modified to meet concerns voiced by the 
environmental community, congressional staff, and the National Park 
Service. The version reintroduced today was approved unanimously by the 
Senate Energy and Natural Resources Committee and added to the American 
Clean Energy Leadership Act that passed from the Committee on June 17, 
2009. The provision, according to the Congressional Budget Office, had 
nominal fiscal impacts when scored as part of the larger bill--S. 1462.
  With the pressing need of Southcentral Alaskans in mind for natural 
gas, I implore this body to quickly approve this legislation in the 
112th Session.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 303. A bill to amend the Omnibus Budget Reconciliation Act of 1993 
to require the Bureau of Land Management to provide a claimant of a 
small miner waiver from claim maintenance fees with a period of 60 days 
after written receipt of 1 or more defects is provided to the claimant 
by registered mail to cure the 1 or more defects or pay the claim 
maintenance fee, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to reintroduce 
legislation, being cosponsored by my colleague Senator Mark Begich from 
Alaska, to clarify Federal mining law and remedy a problem that has 
arisen from the extension process for ``small'' miner land claims.
  Under revisions to the Federal Mining Law of 1872, 30 U.S.C. 28(f), 
holders of unpatented mineral claims must pay a claim maintenance fee 
originally set at $100 per claim by a deadline, set by regulation, of 
September 1st each year. Since 2004 that fee has risen to $125 per 
claim. But Congress also has provided a claim maintenance fee waiver 
for ``small'' miners, those who hold 10 or fewer claims, that they do 
not have to submit the fee, but that they must file to renew their 
claims and submit an affidavit of annual labor, work conducted on the 
claim, Dec. 31st each year, certifying that they had performed more 
than $100 of work on the claim in the preceding year, 30 U.S.C. 
28f(d)(1). The waiver provision further states: ``If a small miner 
waiver application is determined to be defective for any reason, the 
claimant shall have a period of 60 days after receipt of written 
notification of the defect or defects by the Bureau of Land Management 
to: cure such defect or defects or pay the $100 claim maintenance fee 
due for such a period.''
  Since the last revision to the law last decade, there have been a 
series of incidents where miners have argued that they submitted their 
applications and affidavits of annual labor in a timely manner, but due 
to clerical error by BLM staff, mailing delays or for unexplained 
reasons, the applications or documents were not recorded as having been 
received in a timely fashion--and that BLM has then moved to terminate 
the claims, deeming them null and void. While mining claim holders have 
argued that the law provides them time to cure claim defects, BLM has 
argued that the cure only applies when applications or fees have been 
received in a timely manner. Thus, there is no administrative remedy 
for miners who believe that clerical errors by BLM or mail issues 
resulted in loss or the late recording of claim extension applications.
  There have been a number of cases where Congress has been asked to 
override BLM determinations and reinstate mining claims simply because 
of the disputes over whether the claims had been filed in a timely 
manner. Congress in 2003 reinstated such claims in a previous Alaska 
case, and claims in another incident were reinstated following a U.S. 
District Court case in the 10th Circuit in 2009 in the case of Miller 
v. United States. Legislation similar to

[[Page 1310]]

this provision actually cleared the Senate in 2007, but did not 
ultimately become law.
  This bill is intended to short circuit continued litigation and pleas 
for claim reinstatement by clarifying the intent of Congress that 
miners do have to be informed that their claims are in jeopardy of 
being voided and given 60 days notice to cure defects, including giving 
them time to submit their applications and to submit affidavits of 
annual labor, should their submittals not be received and processed by 
BLM officials on time. If all defects are not cured within 60 days--the 
obvious intent of Congress in passing the original act--then claims 
still are subject to voidance.
  The transition rule included in this measure will solve two pending 
cases in Alaska, one where a holder of nine claims on the Kenai 
Peninsula, near Hope, Alaska, has lost title to claims that he had held 
from 1982 to 2004. In this case, John Trautner had a consistent record 
of having paid the annual labor assessment fee for the previous 22 
years and the local BLM office did have a time-date-stamped record that 
the maintenance fee waiver certification form had been filed weeks 
before the deadline, but just not a record that the affidavit of annual 
labor had arrived. In the second case Don and Judy Mullikin of Homer, 
Alaska, lost title to nine claims on the Seward Peninsula outside of 
Nome in Alaska because the Anchorage BLM office has no record of them 
receiving the paperwork, even though the owners have computer time 
stamps of them having completed the paperwork 5 months before the 
deadline, but no other evidence of filing to meet BLM regulations. They 
lost their appeal in late 2009. These are claims that have been worked 
in Alaska yearly since 1937 and are the main livelihood for the 
Mullikins.
  This legislation, supported by the Alaska Miners Association--S. 3175 
in the 111th Congress--clearly is intended to remedy a simple drafting 
error in congressional crafting of the small miner claim defect 
process. While only a few cases of potential clerical errors have 
occurred over the past decade, it still makes sense for Congress to 
clarify that claim holders have a right to know that their applications 
have not been processed, in time for them to cure application-claim 
defects prior to being informed of the loss of the claim rights 
forever. Simple equity and due process requires no less.
  Given the minute cost of this administrative change to the Department 
of the Interior, but its big impact on affected small mineral claim 
holders, I hope this bill can be considered and approved promptly this 
year.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 304. A bill to amend the Alaska Natural Gas Pipeline Act to 
improve the Alaska pipeline construction training program, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation 
that would make a minor technical change to a provision that this 
Congress approved in 2004 to further construction of an Alaska natural 
gas pipeline system to move Alaska's conventional gas to market.
  In 2004 Congress approved two pieces of legislation to help 
facilitate construction of an Alaska natural gas pipeline. In Public 
Law 108-324 Congress approved a Federal loan guarantee program, 
streamlined regulatory processes and approved a worker training program 
to guarantee a domestic labor supply for construction of the largest 
private-sector capital infrastructure project in the world's history. 
In a separate bill, Public Law 108-357, Congress also approved tax 
changes to provide accelerated depreciation for the pipe and a related 
gas conditioning plant needed for the project. A pipeline to move 
Alaska's 35 trillion cubic feet of known gas reserves, and its likely 
315 trillion cubic feet of additional Arctic gas reserves from lands 
and Arctic waters would have a host of benefits to the Nation.
  Being able to market only the known gas reserves at the Prudhoe Bay 
field will involve construction of a pipeline system estimated to cost 
between $26 and $40 billion. It is expected to produce 38,000 direct 
job-years of labor in Alaska and up to 31,000 direct jobs at the peak 
of construction. According to the National Defense Foundation it will 
produce direct employment of 172,369 jobs nationwide when related 
steel, pipe, valve and equipment jobs are included, not counting many 
more indirect jobs. At current prices it will generate about $100 
billion in Federal tax revenues, not counting $40 billion in Alaska 
State revenues and $30 billion in Canadian tax revenues over its first 
20 years of operation. Recent estimates, however, indicate that 
development of gas from the offshore Arctic that a gas line will permit 
to occur, would add an average of an additional 54,700 new jobs in the 
U.S.--91,500 at peak employment. That would provide $145 billion in 
total payroll--$82 billion to workers in the Lower 48--and provide $167 
billion in tax and royalty revenues to the Federal Government, $15 
billion to the State of Alaska and total revenues of $193 billion at 
forecast gas prices.
  In the intervening 7 years since the gas line loan-permitting package 
became law, it has become clear that changes are needed. While those 
changes include revisions in the loan guarantee program, they also 
involve changes in the construction worker training provisions.
  In the 2004 act, Sect. 113, the bill authorized $20 million for 
worker training programs, with at least 15 percent of those funds going 
to pay for ``design and construction of a training facility to be 
located in Fairbanks, Alaska.'' But language in the bill has prevented 
that training center from moving forward. This proposed bill would 
authorize Federal funding to be released immediately upon the request 
of the Governor of Alaska, to fund construction of the training center, 
and to broaden the center to permit it also to train oil, besides gas 
field workers, and environmental response employees.
  According to the Alaska Department of Labor, the demand for skilled 
workers for gas and oil line projects on Alaska's North Slope grew by 
50 percent from 2005 to 2009 to nearly 12,000 workers. At the same 
time, the average age of Alaska's skilled workforce is now 53, meaning 
that Alaska needs to train 1,000 new construction and pipeline workers 
annually simply to maintain the State's existing skilled workforce. 
Since it takes roughly 5 years to train a skilled construction/
pipefitter, it is imperative that such training begin far in advance of 
estimated pipeline construction. According to State data, there are 
only about 2,130 plumbers, pipefitters and steamfitters working in 
Alaska and another 1,004 welders, solderers, brazers, and machine 
setters. Past estimates by one of the two consortia proposing to build 
an Alaska gas pipeline are that the gas line alone will require 1,650 
welders/helpers, 2,000 equipment operators, 418 inspectors and 90 UT 
technicians, just to build the Alaska sections of the pipeline. That 
means there is an urgent need for the pipeline training center now.
  The Fairbanks Pipeline Training Center's core mission is to provide a 
highly trained workforce that will meet the needs of the entire oil/
gas/pipeline/refining industry; which is a significant component of 
Alaska's economy, providing 80 percent of the State's industrial tax 
base, 74 percent of all resources produced in the State, and 85 percent 
of State revenues) and a crucial component of the Nation's domestic 
energy supply, currently 13 percent of all domestically produced oil, 
while the proposed overland gas line will produce 7 percent of the 
Nation's total estimated gas demand in 2020. The necessity for this 
workforce is further emphasized because it is clear that an aging 
infrastructure will require an accelerated repair, replacement, and 
maintenance regime if production requirements and safety standard are 
to be met.
  The training center is an innovative statewide collaboration between 
labor, industry, and local, State, and Federal Governments. 
Additionally, it is understood that as alternative fuel technologies 
emerge and are commercialize, a highly skilled, highly trained,

[[Page 1311]]

highly motivated workforce will be required. Again, through 
collaboration with others: the University of Alaska, the Cold Climate 
Housing Research Center, United Technologies Corporation, General 
Electric, and Alaskan commercial interests, requisite evolving 
workforce needs are understood and can be met.
  The facility needs to be located in Interior Alaska, because the 
climate will permit workers to be fully trained in the real-world 
conditions they will face on the job. In order to complete the training 
center and thereby meet anticipated labor demand in a timely manner, 
funds must be secured in the upcoming budget cycle. Federal funding 
needed includes: $5.5 million for Central Facility classrooms and 
shops, $1.5 million for a Construction Camp Facility, $1.0 million for 
a Pipeline Coating Training Facility and for corrosion control 
training, $0.5 million for civil work improvements to the Field 
Training Site, and $1.5 million for pipeline and transportation/
logistical equipment.
  The bill's changes will permit the creation of a domestic energy 
workforce that is stable, productive, and encourages safe working 
practices that will help to protect Alaska's environment and wildlife, 
while producing the energy that America needs. The proposal does not 
expand the size of the funding authorization approved in 2004. It 
simply makes it more likely that American workers will benefit from a 
gas line project when it proceeds--an important fact when the national 
unemployment rate remains at 9.4 percent. I hope that this Congress 
will consider this bill for quick consideration and passage.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 307. A bill to designate the Federal building and United States 
courthouse located at 217 West King Street, Martinsburg, West Virginia, 
as the ``W. Craig Broadwater Federal Building and United States 
Courthouse'', to the Committee on Environment and Public Works.
  Mr. ROCKEFELLER. Mr. President, it is with great pride that I come to 
the floor today to discuss legislation that I am introducing to name 
the Federal Building and United States Courthouse in Martinsburg, WV, 
in honor of a dear friend, W. Craig Broadwater.
  Judge Broadwater served at this courthouse during his tenure on the 
Federal bench, until his untimely death in 2006 after a battle with 
cancer. This legislation is a small, yet fitting tribute to his 
remarkable service to West Virginia and America.
  It is difficult to put into words how tremendous of a loss his death 
was to his family, friends, community, State, and Nation. But I think 
it becomes much clearer when one looks at his life--his contributions 
to Justice and the Defense of our Nation, his love for his family, and 
the difference he made in the lives of those who were fortunate enough 
to know him.
  Craig earned his undergraduate degree from West Virginia University 
in 1972 and his law degree from the West Virginia University College of 
Law in 1977. He spent the next several years in private practice in 
Wheeling, West Virginia, and also served as a hearing examiner for the 
West Virginia Worker's Compensation Fund and a special prosecuting 
attorney for Ohio County.
  His career on the bench dates back to when I was Governor of West 
Virginia and had the honor of appointing him in 1983 to be a Circuit 
Judge for Ohio, Brooke, and Hancock Counties. There, he worked to 
protect our State's most vulnerable children as Chair of the Committee 
to Develop Child Abuse and Neglect Rules. The ``Broadwater Committee'', 
as it became known, reformed our courts' response to the needs of 
children in our judicial system.
  Craig served as a state court judge until he was nominated by 
President Clinton to be a U.S. District Judge for the Northern District 
of West Virginia. He was confirmed by the Senate on July 12, 1996, and 
commissioned to serve on July 26, 1996.
  During his ten years on the Federal bench, Craig exhibited all of the 
characteristics that we hope for in a judge. He was intelligent, 
thoughtful, principled, and fair. Anyone who appeared before him knew 
that the case would be decided on the merits, without bias towards any 
of the claimants.
  But beyond his service on the bench, Craig was also a hero and a 
patriot who answered the call of duty time and again. He began his 
military career in 1972 with a tour in Korea as an Army Military 
Intelligence Officer. He continued his service as a member of the West 
Virginia National Guard, where he rose to the rank of Brigadier 
General. Even while serving on the Federal bench, Craig fought to 
protect our country. His service included a 2003 deployment as Deputy 
Commander of the Combined Joint Task Force-Horn of Africa at Camp 
Lemonier, Djibouti, and a 2005 deployment to Iraq as Commanding General 
of the Joint Interagency Task Force-High Value Individuals at Camp 
Victory, Iraq. His awards are too numerous to count, but among them are 
the Defense Superior Service Medal and the Bronze Star.
  But despite all of his awards and accomplishments, the thing that 
made Craig the most proud was his family. I am privileged to know his 
wife Chong, and his children Chandra, Taeja, and Shane--and to have 
their blessing in introducing this legislation.
  As I reflect on Craig's life and career, I still remember the day he 
was confirmed by the Senate for a seat on the Federal bench. It was a 
great day for me and for all West Virginians. At the time, I came to 
the floor and said that Senator Byrd and I had recommended him for this 
position because he ``represents the very best of our State''--and how 
true that is even today.
  Those of us who were fortunate enough to know him personally describe 
him as courageous, kind, compassionate, and loving. And although his 
life was cut short, he had already achieved more than most of us could 
ever hope to accomplish in several lifetimes.
  I am very appreciative that Congresswoman Shelley Moore Capito has 
agreed to join me in introducing companion legislation in the House of 
Representatives, and is going to work with me to get this bill signed 
into law. The bipartisan nature of our effort is truly a testament to 
the impact that Craig had on all of us, regardless of political 
affiliation.
  In closing, the naming of a Federal courthouse in his honor is such a 
small gesture, especially compared to what Craig did for our country.
  But it is my hope that whenever the citizens of West Virginia visit 
or pass by the W. Craig Broadwater Federal Building and United States 
Courthouse in Martinsburg, West Virginia, they will remember his life 
and be inspired, as I have been inspired, to give back to our country 
in such a meaningful way.
                                 ______
                                 
      By Mr. LUGAR (for himself, Mr. Kerry, Mr. McCain, Mrs. Hagan, and 
        Mr. Cardin):
  S. 309. A bill to authorize the extension of nondiscriminatory 
treatment (normal trade relations treatment) to the products of 
Moldova; to the Committee on Finance.
  Mr. LUGAR. Mr. President, I rise to introduce legislation to 
authorize the extension of nondiscriminatory treatment, normal trade 
relations treatment, to the products of Moldova. This legislation would 
repeal the Cold War-era Jackson-Vanik trade restrictions on Moldovan 
products. Moldova has been in compliance with Jackson-Vanik-related 
concerns for some time now, and repeal of this legislation will provide 
an important impetus for improving trade relations between the United 
States and Moldova, advancing Moldova's Western ambitions, and laying 
the foundation for closer U.S.-Moldovan political engagement.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. Casey):
  S. 311. 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 United States are diagnosed with metabolism disorders. For the rest 
of their lives they will need modified foods that do not have the 
nutrients their body is incapable of processing.

[[Page 1312]]

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.
  Through bipartisan efforts, we have made great strides in improving 
how quickly babies with these disorders are diagnosed. Newborn 
screening has made a tremendous difference in the early diagnosis of 
metabolic disorders. However, 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 too many 
families. For those with 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 is a 
problem. In response, over 35 States have enacted laws to enforce 
coverage of medical foods. However, too many loopholes remain and 
federal legislation is necessary to ensure that these individuals 
receive what they need to stay well. It is time that we get treatment 
for those patients lost in insurance loopholes.
  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 McGrath from Wilmington, Massachusetts. Donna 
has two daughters with phenylketonuria, PKU, 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.'' 
Medical treatment for inborn error of metabolism disorders is just as 
necessary as treatment for other conditions--like 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. That is why Senator Casey and I are introducing the Medical 
Foods Equity Act. Our legislation would require medically necessary 
foods and supplements to be included in the definition of essential 
health benefits for qualified health plans, covered by federal health 
programs, Medicare, Medicaid, CHIP, TRICARE, and by the private health 
insurance market, fully insured group health plans, self-insured group 
health plans, and non-group health plans. The legislation requires the 
Secretary of Health and Human Services to make a determination of 
minimum coverage levels for medically necessary foods and supplements 
for certain rare metabolic conditions.
  I would like to thank a number of organizations who have been 
integral to the development of the Medical Foods Equity Act and who 
have endorsed it today, including the National PKU Alliance, the Save 
Babies Through Screening Foundation, the National Organization for Rare 
Disorders, NORD, Genetic Alliance, and the American Dietetic 
Association.
  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 bipartisan 
manner. I ask all of my colleagues to support this important 
legislation.

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